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NY S05294
Bill
Status
5/16/2013
Primary Sponsor
Diane Savino
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AI Summary
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Amends workers' compensation law to base benefits for partially disabled workers with actual earnings on those earnings, rather than a percentage of former full-time earnings.
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For partially disabled workers without actual earnings, the board must determine wage earning capacity based on the nature of injury, physical impairment, and other relevant factors, capped at 75 percent of former full-time actual earnings.
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Allows the board to decline compensation if an injured employee voluntarily withdrew from the labor market for reasons unrelated to their compensable injury, including termination for cause, layoff, resignation, or unjustified refusal of suitable work.
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Requires the board to award benefits to claimants who voluntarily withdrew from the labor market if they subsequently reattach through participation in reemployment services, retraining, rehabilitation programs, educational enrollment, or return to work.
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Takes effect immediately upon enactment.
Legislative Description
Provides that benefits for partially disabled workers who have actual earnings shall be based on such earnings; provides that benefits for partially disabled workers who have no actual earnings shall be based on their wage earning capacity.
Last Action
COMMITTED TO RULES
6/20/2014