BILL NUMBER: S3948
SPONSOR: RAMOS
 
TITLE OF BILL: An act to amend the workers' compensation law, in
relation to allowing certain claimants to be reclassified to permanent
total disability or total industrial disability due to extreme hardship
 
PURPOSE:
This legislation redefines what constitutes qualification for extreme
hardship benefits.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 3 of section 35 of the workers' compensation law,
as amended by section 2 of subpart A of part NNN of chapter 59 of the
laws of 2017, is amended to redefine what constitutes qualification for
extreme hardship benefits.
Section 2. Sets effective date
 
JUSTIFICATION:
Workers' Compensation boards are currently mandated to provide extreme
hardship benefits to recipient's whose household incomes are less than
75% of an average weekly wage upon termination of the disability bene-
fits. Extreme hardship can be applied for within a year of workers'
compensation recipient's benefits being extinguished. If won, a worker
is granted total permanent disability benefits. The workers' compen-
sation board currently defines extreme hardship as the inability to meet
household bills taking into account the injured worker's income as well
as that of other household members. This bill makes it easier for a
worker to earn extreme hardship by redefining lost wage earning capacity
at 50% instead of 75%. This will be especially helpful to workers who
are older who might opt into their social security benefits earlier
without a larger worker compensation benefit package.
 
LEGISLATIVE HISTORY:
2023-24: S1798 (Ramos) - Referred to Labor
2021-22: S1023 (RAmos) - Committed to Rules
2019-20: S7726A (Ramos) - Referred to Labor
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.