S 4509: Provides the carrier or employer a credit against permanent partial disability benefits for temporary partial disability payments made in excess of 130 weeks.

  
  STATE OF NEW YORK ________________________________________________________________________ 4509 2025-2026 Regular Sessions  IN SENATE February 6, 2025 ___________ Introduced by Sens. RAMOS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to providing the carrier or employer a credit against permanent partial disability benefits for temporary partial disability payments made in excess of 130 weeks The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph w of subdivision 3 of section 15 of the workers' 2 compensation law, as amended by section 1 of subpart A of part NNN of 3 chapter 59 of the laws of 2017, is amended to read as follows: 4 w. Other cases. In all other cases of permanent partial disability, 5 the compensation shall be sixty-six and two-thirds percent of the 6 difference between the injured employee's average weekly wages and [his 7 or her] such employee's wage-earning capacity thereafter in the same 8 employment or otherwise. Compensation under this paragraph shall be 9 payable during the continuance of such permanent partial disability, 10 without the necessity for the claimant who is entitled to benefits at 11 the time of classification to demonstrate ongoing attachment to the 12 labor market, but subject to reconsideration of the degree of such 13 impairment by the board on its own motion or upon application of any 14 party in interest however, all compensation payable under this paragraph 15 shall not exceed (i) five hundred twenty-five weeks in cases in which 16 the loss of wage-earning capacity is greater than ninety-five percent; 17 (ii) five hundred weeks in cases in which the loss of wage-earning 18 capacity is greater than ninety percent but not more than ninety-five 19 percent; (iii) four hundred seventy-five weeks in cases in which the 20 loss of wage-earning capacity is greater than eighty-five percent but 21 not more than ninety percent; (iv) four hundred fifty weeks in cases in 22 which the loss of wage-earning capacity is greater than eighty percent 23 but not more than eighty-five percent; (v) four hundred twenty-five EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03452-01-5 
 S. 4509 2 1 weeks in cases in which the loss of wage-earning capacity is greater 2 than seventy-five percent but not more than eighty percent; (vi) four 3 hundred weeks in cases in which the loss of wage-earning capacity is 4 greater than seventy percent but not more than seventy-five percent; 5 (vii) three hundred seventy-five weeks in cases in which the loss of 6 wage-earning capacity is greater than sixty percent but not more than 7 seventy percent; (viii) three hundred fifty weeks in cases in which the 8 loss of wage-earning capacity is greater than fifty percent but not more 9 than sixty percent; (ix) three hundred weeks in cases in which the loss 10 of wage-earning capacity is greater than forty percent but not more than 11 fifty percent; (x) two hundred seventy-five weeks in cases in which the 12 loss of wage-earning capacity is greater than thirty percent but not 13 more than forty percent; (xi) two hundred fifty weeks in cases in which 14 the loss of wage-earning capacity is greater than fifteen percent but 15 not more than thirty percent; and (xii) two hundred twenty-five weeks in 16 cases in which the loss of wage-earning capacity is fifteen percent or 17 less. For a claimant with a date of accident or disablement after the 18 effective date of the chapter of the laws of two thousand [seventeen] 19 twenty-five that amended this subdivision, where the carrier or employer 20 has [provided] paid one hundred thirty weeks of compensation pursuant to 21 subdivision five of this section [beyond one hundred thirty weeks from 22 the date of accident or disablement], all subsequent weeks in which 23 compensation was paid solely pursuant to subdivision five shall be 24 considered to be benefit weeks for purposes of this section, with the 25 carrier or employer receiving credit for all such subsequent weeks 26 against the amount of maximum benefit weeks when permanent partial disa- 27 bility under this section is determined. In the event of payment for 28 intermittent temporary partial disability paid after one hundred thirty 29 weeks from the date of accident or disablement, such time shall be 30 reduced to a number of weeks, for which the carrier will receive a cred- 31 it against the maximum benefit weeks. For a claimant with a date of 32 accident or disablement after the effective date of the chapter of the 33 laws of two thousand [seventeen] twenty-five that amended this subdivi- 34 sion, when permanency is at issue, and a claimant has submitted medical 35 evidence that [he or she] such claimant is not at maximum medical 36 improvement, [and the carrier has produced or has had a reasonable 37 opportunity to produce an independent medical examination concerning 38 maximum medical improvement,] and the board has determined that the 39 claimant is not yet at maximum medical improvement, the carrier shall 40 not receive a credit for benefit weeks prior to a finding that the 41 claimant has reached maximum medical improvement[, at which time the 42 carrier shall receive credit for any weeks of temporary disability paid 43 to claimant after such finding against the maximum benefit weeks awarded 44 under this subdivision]. For those claimants classified as permanently 45 partially disabled who no longer receive indemnity payments because they 46 have surpassed their number of maximum benefit weeks, the following 47 provisions will apply: 48 (1) There will be a presumption that medical services shall continue 49 notwithstanding the completion of the time period for compensation set 50 forth in this section and the burden of going forward and the burden of 51 proof will lie with the carrier, self-insured employer or state insur- 52 ance fund in any application before the board to discontinue or suspend 53 such services. Medical services will continue during the pendency of any 54 such application and any appeals thereto. 55 (2) The board is directed to promulgate regulations that establish an 56 independent review and appeal by an outside agent or entity of the 
 S. 4509 3 1 board's choosing of any administrative law judge's determination to 2 discontinue or suspend medical services before a final determination of 3 the board. 4 § 2. This act shall take effect immediately.