BILL NUMBER: S2537
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to eligibil-
ity for classification as permanent total disability
 
PURPOSE:
This legislation redefines what constitutes qualification for permanent
total disability.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 15 of the workers' compensation law,
chapter 675 of the laws of 1977, are amended to redefine what consti-
tutes qualification for permanent total disability.
Section 2. Sets the effective date
 
JUSTIFICATION:
The process of applying for Workers' Compensation benefits can be daunt-
ing and difficult for workers. In particular, workers who suffer from
permanent injury face difficulty in receiving the benefits they deserve.
Often workers who are classified by Social Security Disability Insurance
(SSDI) to have total permanent disability struggle to get the same
ruling from the NY workers' compensation board and are forced to fight
in court for years.
This legislation would make it less burdensome for workers to receive
the full compensation for their injury by assuming that a worker on SSDI
has permanent total disability. Those on SSDI are already considered
totally disabled at the federal level, and therefore, are unable to
perform even sedentary work. Those that cannot work should be receiving
the highest benefits available at 66.6% of their average weekly wages.
Also, this legislation provides insurers with the right to appeal and
present evidence that the disability is not because of work but other
outstanding conditions outside of work.
 
LEGISLATIVE HISTORY:
2023-24: S1799 (Ramos) - Referred to Labor
2021-22: S1024B (Ramos) - Committed to Rules
2019-20: S7751 (Ramos) - Referred to Labor
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.