STATE OF NEW YORK ________________________________________________________________________ 6410 2025-2026 Regular Sessions IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. McMAHON, BUTTENSCHON, COLTON, TAYLOR, SANTABAR- BARA, SIMON, STERN, JACKSON, JONES, BRABENEC, CONRAD, EACHUS, BENDETT, BEEPHAN, SIMPSON, BURDICK, SEAWRIGHT, BLUMENCRANZ, LEVENBERG, SHIMSKY, SMITH -- read once and referred to the Committee on Local Governments AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing the amount of certain benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 401 of the laws of 2016, is amended to read as 3 follows: 4 § 8. Permanent total disability benefits. In the case of total disa- 5 bility adjudged to be permanent the volunteer firefighter shall be paid 6 [six] twelve hundred dollars for each week during the continuance there- 7 of. Permanent total disability, within the meaning of this section, 8 shall exist only if the earning capacity of the volunteer firefighter 9 has been lost permanently and totally as the result of the injury. The 10 loss of both hands, or both arms, or both feet, or both legs, or both 11 eyes, or any two thereof, shall, in the absence of conclusive proof to 12 the contrary, constitute permanent total disability, but in all other 13 cases permanent total disability shall be determined in accordance with 14 the facts. Notwithstanding any other provisions of this chapter, an 15 injured volunteer firefighter disabled due to the loss or total loss of 16 use of both eyes, or both hands, or both arms, or both feet, or both 17 legs, or any two thereof shall not suffer any diminution of such weekly 18 benefit by engaging in business or employment provided [his or her] such 19 volunteer firefighter's weekly earnings or wages, when combined with 20 [his or her] such volunteer firefighter's weekly benefit shall not be in 21 excess of [eight] sixteen hundred dollars; and further provided that the 22 application of this section shall not result in reduction of benefits EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00671-01-5
A. 6410 2 1 which an injured volunteer firefighter who is disabled due to the loss 2 or total loss of use of both eyes, or both hands, or both arms, or both 3 feet, or both legs, or any two thereof would otherwise be entitled to 4 under any other provisions of this article. 5 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 6 by chapter 523 of the laws of 2021, is amended to read as follows: 7 § 9. Temporary total disability benefits. In the case of temporary 8 total disability the volunteer firefighter shall be paid one hundred 9 twenty-five dollars for each week during the continuance thereof; 10 provided, however, that when the volunteer firefighter is injured in the 11 line of duty on or after July first, nineteen hundred seventy-eight to 12 December thirty-first, nineteen hundred seventy-eight, said firefighter 13 shall receive one hundred eighty dollars per week during the continuance 14 thereof; and further provided, that when the volunteer firefighter is 15 injured in the line of duty on or after January first, nineteen hundred 16 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 17 firefighter shall receive two hundred fifteen dollars per week during 18 the continuance thereof; and further provided, that when the volunteer 19 firefighter is injured in the line of duty on or after July first, nine- 20 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 21 four, said firefighter shall receive two hundred fifty-five dollars per 22 week during the continuance thereof; and further provided, that when the 23 volunteer firefighter is injured in the line of duty on or after July 24 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 25 eighty-five, said firefighter shall receive two hundred seventy-five 26 dollars per week during the continuance thereof; and further provided, 27 that when the volunteer firefighter is injured in the line of duty on or 28 after July first, nineteen hundred eighty-five to June thirtieth, nine- 29 teen hundred ninety, said firefighter shall receive three hundred 30 dollars per week during the continuance thereof; and further provided, 31 that when the volunteer firefighter is injured in the line of duty on or 32 after July first, nineteen hundred ninety to June thirtieth, nineteen 33 hundred ninety-one, said firefighter shall receive three hundred forty 34 dollars per week during the continuance thereof; and further provided, 35 that when a volunteer firefighter is injured in the line of duty on or 36 after July first, nineteen hundred ninety-one to June thirtieth, nine- 37 teen hundred ninety-two, said firefighter shall receive three hundred 38 fifty dollars per week during the continuance thereof; and further 39 provided, that when a volunteer firefighter is injured in the line of 40 duty on or after July first, nineteen hundred ninety-two to June thirti- 41 eth, two thousand twenty-one, said firefighter shall receive four 42 hundred dollars per week during the continuance thereof; and further 43 provided, that when a volunteer firefighter is injured in the line of 44 duty on or after July first, two thousand twenty-one to June thirtieth, 45 two thousand twenty-five, said firefighter shall receive six hundred 46 fifty dollars per week during the continuance thereof; and further 47 provided, that when a volunteer firefighter is injured in the line of 48 duty on or after July first, two thousand twenty-five, such firefighter 49 shall receive eight hundred dollars per week during the continuance 50 thereof. Temporary total disability, within the meaning of this 51 section, shall exist only if the earning capacity of the volunteer fire- 52 fighter has been lost temporarily and totally as the result of the inju- 53 ry. In case of temporary total disability and permanent partial disabil- 54 ity both resulting from the same injury, if the temporary total 55 disability continues for a longer period than the number of weeks set 56 forth in the following schedule, the period of temporary total disabili-
A. 6410 3 1 ty in excess of such number of weeks shall be added to the period 2 provided in section ten of this article: arm, thirty-two weeks; leg, 3 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 4 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 5 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 6 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 7 than great toe, eight weeks. In any case resulting in loss or partial 8 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 9 where the temporary total disability does not extend beyond the periods 10 above mentioned for such injury, benefits shall be limited to the sched- 11 ule contained in section ten of this article. 12 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi- 13 sion 1 as amended by chapter 175 of the laws of 1962, the opening para- 14 graph of subdivision 1 as amended by chapter 21 of the laws of 1991, 15 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of 16 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of 17 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of 18 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the 19 laws of 1974, the opening paragraph and subparagraph 4 of paragraph (g) 20 of subdivision 1 and subdivision 3 as amended by chapter 476 of the laws 21 of 2018, is amended to read as follows: 22 § 10. Permanent partial disability benefits. 1. In the case of disa- 23 bility partial in character, but permanent in quality, the volunteer 24 firefighter shall be paid ninety-five dollars for each week for the 25 period specified in this subdivision, provided, however, that when the 26 volunteer firefighter is injured in the line of duty on or after January 27 first, nineteen hundred seventy-eight to June thirtieth, nineteen 28 hundred eighty-three, such payment shall be one hundred five dollars for 29 each week, and further provided that when a volunteer firefighter is 30 injured in the line of duty on or after July first, nineteen hundred 31 eighty-three to and including June thirtieth, nineteen hundred eighty- 32 four, such payments shall be one hundred twenty-five dollars for each 33 week and provided further that when the volunteer firefighter is injured 34 in the line of duty on or after July first, nineteen hundred eighty-four 35 to and including June thirtieth, nineteen hundred eighty-five such 36 payments shall be one hundred thirty-five dollars for each week and 37 provided further that when the volunteer firefighter is injured in the 38 line of duty on or after July first, nineteen hundred eighty-five to and 39 including June thirtieth, nineteen hundred ninety such payments shall be 40 one hundred fifty dollars for each week, and provided further that when 41 the volunteer firefighter is injured in the line of duty on or after 42 July first, nineteen hundred ninety to and including June thirtieth, 43 nineteen hundred ninety-one such payments shall be two hundred eighty 44 dollars for each week, and provided further that when the volunteer 45 firefighter is injured in the line of duty on or after July first, nine- 46 teen hundred ninety-one to and including June thirtieth, nineteen 47 hundred ninety-two such payments shall be three hundred fifty dollars 48 for each week, and provided further that when the volunteer firefighter 49 is injured in the line of duty on or after July first, nineteen hundred 50 ninety-two such payments shall be four hundred dollars for each week, 51 provided, however, that when the volunteer firefighter is injured in the 52 line of duty on or after March first, two thousand twenty-five such 53 payment shall be eight hundred dollars for each week as follows: 54 (a) Loss of member.
A. 6410 4 1 Member lost ............................................ Number of weeks 2 Arm ................................................................ 312 3 Leg ................................................................ 288 4 Hand ............................................................... 244 5 Foot ............................................................... 205 6 Eye ................................................................ 160 7 Thumb ............................................................... 75 8 First finger ........................................................ 46 9 Great toe ........................................................... 38 10 Second finger ....................................................... 30 11 Third finger ........................................................ 25 12 Toe other than great toe ............................................ 16 13 Fourth finger ....................................................... 15 14 If more than one phalange of a digit shall be lost, the period shall be 15 the same as for the loss of the entire digit. If only the first phalange 16 shall be lost, the period shall be one-half the period for loss of the 17 entire digit. The period for loss or loss of use of two or more digits, 18 or one or more phalanges of two or more digits, of a hand or foot, may 19 be proportioned to the period for the loss of use of the hand or foot 20 occasioned thereby, but shall not exceed the period for the loss of a 21 hand or foot. If an arm or leg shall be amputated at or above the wrist 22 or ankle, the period for such loss shall be in proportion to the period 23 for the loss of the arm or leg. In the case of loss of binocular vision 24 or of eighty per centum or more of the vision of an eye, the period 25 shall be the same as for the loss of the eye. 26 (b) Loss of hearing. In the case of the complete loss of the hearing 27 of one ear, sixty weeks; for the loss of hearing of both ears, one 28 hundred fifty weeks. 29 (c) Total loss of use. In the case of permanent total loss of use of a 30 member, the period shall be the same as for the loss of the member. 31 (d) Partial loss or partial loss of use. Except as above provided in 32 this subdivision, in the case of permanent partial loss or loss of use 33 of a member, the period shall be for the proportionate loss or loss of 34 use of the member. Compensation for permanent partial loss of use of an 35 eye shall be awarded on the basis of uncorrected loss of vision or 36 corrected loss of vision resulting from an injury whichever is the 37 greater. 38 (e) Disfigurement. In the case of serious facial or head disfigure- 39 ment, including a disfigurement continuous in length which is partly in 40 the facial area and also extends into the neck region as described in 41 this paragraph, the volunteer firefighter shall be paid in a lump sum a 42 proper and equitable amount, which shall be determined by the workers' 43 compensation board. If the earning capacity of the volunteer firefighter 44 shall have been impaired, or may in the future be impaired, by any seri- 45 ous disfigurement in the region above the sterno clavicular artic- 46 ulations anterior to and including the region of the sterno cleido 47 mastoid muscles on either side, the volunteer firefighter shall be paid 48 in a lump sum a proper and equitable amount which shall be determined by 49 such board. Two or more serious disfigurements, not continuous in 50 length, resulting from the same injury, if partially in the facial area 51 and partially in such neck region, shall be deemed to be a facial 52 disfigurement. An award, or the aggregate of the awards, to a volunteer 53 firefighter under this paragraph shall not exceed [twenty] forty thou- 54 sand dollars.
A. 6410 5 1 (f) Total or partial loss or loss of use of more than one member. In 2 any case in which there shall be a loss or loss of use of more than one 3 member or parts of more than one member set forth above in paragraphs a 4 to e, both inclusive, of this subdivision, but not amounting to perma- 5 nent total disability, the periods for loss or loss of use of each such 6 member or part thereof shall run consecutively. 7 (g) Other cases. In all other cases of permanent partial disability 8 the volunteer firefighter shall be paid for each week during the contin- 9 uance thereof, as follows: 10 1. If the percentage of loss of earning capacity is seventy-five per 11 centum, or greater, [he or she] such volunteer firefighter shall be paid 12 ninety-five dollars for each week, provided, however, that when the 13 volunteer firefighter is injured in the line of duty on or after January 14 first, nineteen hundred seventy-eight to and including June thirtieth, 15 nineteen hundred eighty-three, such payment shall be one hundred five 16 dollars for each week provided, however, that when the volunteer fire- 17 fighter is injured in the line of duty on or after July first, nineteen 18 hundred eighty-three to and including June thirtieth, nineteen hundred 19 eighty-four, such payment shall be one hundred twenty-five dollars for 20 each week provided, however, that when the volunteer firefighter is 21 injured in the line of duty on or after July first, nineteen hundred 22 eighty-four to and including June thirtieth, nineteen hundred eighty- 23 five such payment shall be one hundred thirty-five dollars for each 24 week, provided, however, that when the volunteer firefighter is injured 25 in the line of duty on or after July first, nineteen hundred eighty-five 26 to and including June thirtieth, nineteen hundred ninety such payment 27 shall be one hundred fifty dollars for each week, provided, however, 28 that when the volunteer firefighter is injured in the line of duty on or 29 after July first, nineteen hundred ninety to and including June thirti- 30 eth, nineteen hundred ninety-one such payment shall be two hundred 31 eighty dollars for each week, and provided further that when the volun- 32 teer firefighter is injured in the line of duty on or after July first, 33 nineteen hundred ninety-one to and including June thirtieth, nineteen 34 hundred ninety-two such payment shall be three hundred fifty dollars for 35 each week, and provided further that when the volunteer firefighter is 36 injured in the line of duty on or after July first, nineteen hundred 37 ninety-two such payment shall be four hundred dollars for each week; 38 provided, however, that when the volunteer firefighter is injured in the 39 line of duty on or after March first, two thousand twenty-five such 40 payment shall be eight hundred dollars for each week; 41 2. If the percentage of loss of earning capacity is fifty per centum, 42 or greater, but less than seventy-five per centum, [he or she] such 43 volunteer firefighter shall be paid sixty-three dollars and thirty-three 44 cents for each week, provided, however, that when the volunteer fire- 45 fighter is injured in the line of duty on or after January first, nine- 46 teen hundred seventy-eight to and including June thirtieth, nineteen 47 hundred eighty-three, such payment shall be seventy dollars for each 48 week, provided, however, that when the volunteer firefighter is injured 49 in the line of duty on or after July first, nineteen hundred eighty- 50 three to and including June thirtieth, nineteen hundred eighty-four such 51 payment shall be eighty-three dollars and thirty-three cents for each 52 week, provided, however, that when the volunteer firefighter is injured 53 in the line of duty on or after July first, nineteen hundred eighty- 54 four, to and including June thirtieth, nineteen hundred eighty-five, 55 such payment shall be ninety dollars for each week, provided, however, 56 that when the volunteer firefighter is injured in the line of duty on or
A. 6410 6 1 after July first, nineteen hundred eighty-five to and including June 2 thirtieth, nineteen hundred ninety such payment shall be one hundred 3 dollars for each week, provided, however, that when the volunteer fire- 4 fighter is injured in the line of duty on or after July first, nineteen 5 hundred ninety to and including June thirtieth, nineteen hundred nine- 6 ty-one such payment shall be one hundred eighty-six dollars and seven- 7 ty-six cents for each week, provided, however, that when the volunteer 8 firefighter is injured in the line of duty on or after July first, nine- 9 teen hundred ninety-one to and including June thirtieth, nineteen 10 hundred ninety-two such payment shall be two hundred thirty-four dollars 11 and fifty cents for each week, provided, however, that when the volun- 12 teer firefighter is injured in the line of duty on or after July first, 13 nineteen hundred ninety-two such payment shall be two hundred sixty- 14 eight dollars for each week, provided, however, that when the volunteer 15 firefighter is injured in the line of duty on or after March first, two 16 thousand twenty-five, such payment shall be five hundred thirty-six 17 dollars for each week; 18 3. If the percentage of loss of earning capacity is twenty-five per 19 centum, or greater, but less than fifty per centum, [he] such volunteer 20 firefighter shall be paid [thirty] sixty dollars for each week; 21 4. If the percentage of loss of earning capacity is less than twenty- 22 five per centum, [he or she] such volunteer firefighter shall not be 23 paid any weekly benefit. Permanent partial disability, within the mean- 24 ing of this paragraph, shall exist only if the earning capacity of the 25 volunteer firefighter has been permanently and partially lost as the 26 result of the injury. The workers' compensation board shall determine 27 the degree of such disability and such board may reconsider such degree 28 on its own motion or upon application of any party in interest. 29 2. An award made to a claimant under this section shall in case of 30 death arising from causes other than the injury be payable to and for 31 the benefit of the persons following: 32 (a) If there be a surviving spouse and no child of the deceased under 33 the age of eighteen years, to such spouse. 34 (b) If there be a surviving spouse and surviving child or children of 35 the deceased under the age of eighteen years, one-half shall be payable 36 to the surviving spouse and the other half to the surviving child or 37 children. 38 (c) If there be a surviving child or children of the deceased under 39 the age of eighteen years, but no surviving spouse, then to such child 40 or children. 41 (d) If there be no surviving spouse and no surviving child or children 42 of the deceased under the age of eighteen years, then to such dependent 43 or dependents as defined in section seven of this chapter, as directed 44 by the [workmen's] workers' compensation board; and if there shall be no 45 such dependents, then to the estate of such deceased in an amount not 46 exceeding reasonable funeral expenses as provided in subdivision one of 47 section seven of this chapter, or, if there be no estate, to the person 48 or persons paying the funeral expenses of such deceased in an amount not 49 exceeding reasonable funeral expenses as provided in such subdivision 50 one. 51 3. An award for disability may be made after the death of the volun- 52 teer firefighter. 53 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene- 54 fit law, as amended by chapter 924 of the laws of 1990, is amended to 55 read as follows:
A. 6410 7 1 1. If the percentage of loss of earning capacity is seventy-five per 2 centum, or greater, [he or she] such volunteer firefighter shall be paid 3 ninety-five dollars for each week, provided, however, that when the 4 volunteer firefighter is injured in the line of duty on or after January 5 first, nineteen hundred seventy-eight to and including June thirtieth, 6 nineteen hundred eighty-three, such payment shall be one hundred five 7 dollars for each week, provided, however, that when the volunteer fire- 8 fighter is injured in the line of duty on or after July first, nineteen 9 hundred eighty-three to and including June thirtieth, nineteen hundred 10 eighty-four, such payment shall be one hundred twenty-five dollars for 11 each week, provided, however, that when the volunteer firefighter is 12 injured in the line of duty on or after July first, nineteen hundred 13 eighty-four to and including June thirtieth, nineteen hundred eighty- 14 five, such payment shall be one hundred thirty-five dollars for each 15 week, provided, however, that when the volunteer firefighter is injured 16 in the line of duty on or after July first, nineteen hundred eighty-five 17 to and including June thirtieth, nineteen hundred ninety such payment 18 shall be one hundred fifty dollars for each week, provided, however, 19 that when the volunteer firefighter is injured in the line of duty on or 20 after July first, nineteen hundred ninety to and including June thirti- 21 eth, nineteen hundred ninety-one such payment shall be two hundred 22 eighty dollars for each week, provided, however, that when the volunteer 23 firefighter is injured in the line of duty on or after July first, nine- 24 teen hundred ninety-one to and including June thirtieth, nineteen 25 hundred ninety-two such payment shall be three hundred fifty dollars for 26 each week, provided, however, that when the volunteer firefighter is 27 injured in the line of duty on or after July first, nineteen hundred 28 ninety-two such payment shall be four hundred dollars for each week; 29 provided, however, that when the volunteer firefighter is injured in the 30 line of duty on or after March first, two thousand twenty-five such 31 payment shall be eight hundred dollars for each week; 32 § 5. Section 8 of the volunteer ambulance workers' benefit law, as 33 amended by chapter 401 of the laws of 2016, is amended to read as 34 follows: 35 § 8. Permanent total disability benefits. In the case of total disa- 36 bility adjudged to be permanent the volunteer ambulance worker shall be 37 paid [six] twelve hundred dollars for each week during the continuance 38 thereof. Permanent total disability, within the meaning of this section, 39 shall exist only if the earning capacity of the volunteer ambulance 40 worker has been lost permanently and totally as the result of the inju- 41 ry. The loss of both hands, or both arms, or both feet, or both legs, or 42 both eyes, or any two thereof, shall, in the absence of conclusive proof 43 to the contrary, constitute permanent total disability, but in all other 44 cases permanent total disability shall be determined in accordance with 45 the facts. Notwithstanding any other provisions of this chapter, an 46 injured volunteer ambulance worker disabled due to the loss or total 47 loss of use of both eyes, or both hands, or both arms, or both feet, or 48 both legs, or any two thereof shall not suffer any diminution of such 49 weekly benefit by engaging in business or employment provided [his or 50 her] such volunteer ambulance worker's weekly earnings or wages, when 51 combined with [his] such volunteer ambulance worker's weekly benefit 52 shall not be in excess of [eight] sixteen hundred dollars; and further 53 provided that the application of this section shall not result in 54 reduction of benefits which an injured volunteer ambulance worker who is 55 disabled due to the loss or total loss of use of both eyes, or both 56 hands, or both arms, or both feet, or both legs, or any two thereof
A. 6410 8 1 would otherwise be entitled to under any other provisions of this arti- 2 cle. 3 § 6. Section 9 of the volunteer ambulance workers' benefit law, as 4 amended by chapter 523 of the laws of 2021, is amended to read as 5 follows: 6 § 9. Temporary total disability benefits. In the case of temporary 7 total disability the volunteer ambulance worker shall be paid three 8 hundred dollars for each week during the continuance thereof; provided, 9 however, that when the volunteer ambulance worker is injured in the line 10 of duty on or after the effective date of this chapter to June thirti- 11 eth, nineteen hundred ninety; further provided, that when the volunteer 12 ambulance worker is injured in the line of duty on or after July first, 13 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 14 said ambulance worker shall receive three hundred forty dollars per week 15 during the continuance thereof, and further provided, that when a volun- 16 teer ambulance worker is injured in the line of duty on or after July 17 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 18 ninety-two, said ambulance worker shall receive three hundred fifty 19 dollars per week during the continuance thereof; provided further that 20 when a volunteer ambulance worker is injured in the line of duty on or 21 after July first, nineteen hundred ninety-two to June thirtieth, two 22 thousand twenty-one, such ambulance worker shall be paid four hundred 23 dollars for each week during the continuance thereof; provided further 24 that when a volunteer ambulance worker is injured in the line of duty on 25 or after July first, two thousand twenty-one to June thirtieth, two 26 thousand twenty-five such ambulance worker shall be paid six hundred 27 fifty dollars for each week during the continuance thereof; provided 28 further that when a volunteer ambulance worker is injured in the line of 29 duty on or after July first, two thousand twenty-five such ambulance 30 worker shall be paid eight hundred dollars for each week during the 31 continuance thereof. Temporary total disability, within the meaning of 32 this section, shall exist only if the earning capacity of the volunteer 33 ambulance worker has been lost temporarily and totally as the result of 34 the injury. In case of temporary total disability and permanent partial 35 disability both resulting from the same injury, if the temporary total 36 disability continues for a longer period than the number of weeks set 37 forth in the following schedule, the period of temporary total disabili- 38 ty in excess of such number of weeks shall be added to the period 39 provided in section ten of this chapter: arm, thirty-two weeks; leg, 40 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 41 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 42 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 43 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 44 than great toe, eight weeks. In any case resulting in loss or partial 45 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 46 where the temporary total disability does not extend beyond the periods 47 above mentioned for such injury, benefits shall be limited to the sched- 48 ule contained in section ten of this chapter. 49 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers' 50 benefit law, as amended by chapter 604 of the laws of 1989, the opening 51 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and 52 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the 53 laws of 1990, is amended to read as follows: 54 1. In the case of disability partial in character, but permanent in 55 quality, the volunteer ambulance worker, injured in the line of duty 56 shall be paid one hundred fifty dollars for each week for the period
A. 6410 9 1 specified in this subdivision, provided, however, that when the volun- 2 teer ambulance worker is injured in the line of duty on or after the 3 effective date of this chapter to and including June thirtieth, nineteen 4 hundred ninety, and provided further that when the volunteer ambulance 5 worker is injured in the line of duty on or after July first, nineteen 6 hundred ninety to and including June thirtieth, nineteen hundred nine- 7 ty-one such payments shall be two hundred eighty dollars for each week, 8 and provided further that when the volunteer ambulance worker is injured 9 in the line of duty on or after July first, nineteen hundred ninety-one 10 to and including June thirtieth, nineteen hundred ninety-two such 11 payments shall be three hundred fifty dollars for each week; and 12 provided further that when the volunteer ambulance worker is injured in 13 the line of duty on or after July first, nineteen hundred ninety-two 14 such payments shall be four hundred dollars for each week; provided 15 further that when a volunteer ambulance worker is injured in the line of 16 duty on or after March first, two thousand twenty-five such ambulance 17 worker shall be paid eight hundred dollars for each week as follows: 18 a. Loss of member. 19 Member lost Number of weeks 20 Arm ........................................................ 312 21 Leg ........................................................ 288 22 Hand ....................................................... 244 23 Foot ....................................................... 205 24 Eye ........................................................ 160 25 Thumb ...................................................... 75 26 First finger ............................................... 46 27 Great toe .................................................. 38 28 Second finger .............................................. 30 29 Third finger ............................................... 25 30 Toe other than great toe ................................... 16 31 Fourth finger .............................................. 15 32 If more than one phalange of a digit shall be lost, the period shall be 33 the same as for the loss of the entire digit. If only the first phalange 34 shall be lost, the period shall be one-half the period for loss of the 35 entire digit. The period for loss or loss of use of two or more digits, 36 or one or more phalanges of two or more digits, of a hand or foot, may 37 be proportioned to the period for the loss of use of the hand or foot 38 occasioned thereby, but shall not exceed the period for the loss of a 39 hand or foot. If an arm or leg shall be amputated at or above the wrist 40 or ankle, the period for such loss shall be in proportion to the period 41 for the loss of the arm or leg. In the case of loss of binocular vision 42 or of eighty per centum or more of the vision of an eye, the period 43 shall be the same as for the loss of the eye. 44 b. Loss of hearing. In the case of the complete loss of the hearing of 45 one ear, sixty weeks; for the loss of hearing of both ears, one hundred 46 fifty weeks. 47 c. Total loss of use. In the case of permanent total loss of use of a 48 member, the compensation shall be the same as for the loss of the 49 member. 50 d. Partial loss or partial loss of use. Except as above provided in 51 this subdivision, in the case of permanent partial loss or loss of use 52 of a member, the period shall be for the proportionate loss or loss of 53 use of the member. Compensation for permanent partial loss of use of an 54 eye shall be awarded on the basis of uncorrected loss of vision or 55 corrected loss of vision resulting from an injury which ever is greater.
A. 6410 10 1 e. Disfigurement. In the case of serious facial or head disfigurement, 2 including a disfigurement continuous in length which is partly in the 3 facial area and also extends into the neck region as described in this 4 paragraph, the volunteer ambulance worker shall be paid in a lump sum a 5 proper and equitable amount, which shall be determined by the workers' 6 compensation board. If the earning capacity of the volunteer ambulance 7 worker shall have been impaired, or may in the future be impaired, by 8 any serious disfigurement in the region above the sterno clavicular 9 articulations anterior to and including the region of the sterno cleido 10 mastoid muscles on either side, the volunteer ambulance worker shall be 11 paid in a lump sum a proper and equitable amount which shall be deter- 12 mined by such board. Two or more serious disfigurements, not continuous 13 in length, resulting from the same injury, if partially in the facial 14 area and partially in such neck region, shall be deemed to be a facial 15 disfigurement. An award, or the aggregate of the awards, to a volunteer 16 ambulance worker under this paragraph shall not exceed [twenty] forty 17 thousand dollars. 18 f. Total or partial loss or loss of use of more than one member. In 19 any case in which there shall be a loss or loss of use of more than one 20 member or parts of more than one member set forth above in paragraphs a 21 to e, both inclusive, of this subdivision, but not amounting to perma- 22 nent total disability, the periods for loss or loss of use of each such 23 member or part thereof shall run consecutively. 24 g. Other cases. In all other cases of permanent partial disability the 25 volunteer ambulance worker shall be paid for each week, during the 26 continuance thereof, as follows: 27 (1) If the percentage of loss of earning capacity is seventy-five per 28 centum, or greater, [he or she] such volunteer ambulance worker shall be 29 paid one hundred fifty dollars for each week, provided, however, that 30 the volunteer ambulance worker is injured in the line of duty on or 31 after the effective date of this chapter to and including June thirti- 32 eth, nineteen hundred ninety, provided, however, that when the volunteer 33 ambulance worker is injured in the line of duty on or after July first, 34 nineteen hundred ninety to and including June thirtieth, nineteen 35 hundred ninety-one such payment shall be two hundred eighty dollars for 36 each week, and provided further that when the volunteer ambulance worker 37 is injured in the line of duty on or after July first, nineteen hundred 38 ninety-one to and including June thirtieth, nineteen hundred ninety-two 39 such payment shall be three hundred fifty dollars for each week; and 40 provided further that when the volunteer ambulance worker is injured in 41 the line of duty on or after July first, nineteen hundred ninety-two 42 such payments shall be four hundred dollars for each week; provided 43 further that when a volunteer ambulance worker is injured in the line of 44 duty on or after March first, two thousand twenty-five such ambulance 45 worker shall be paid eight hundred dollars for each week during the 46 continuance thereof. 47 (2) If the percentage of loss of earning capacity is fifty per centum, 48 or greater, but less than seventy-five per centum, [he or she] such 49 volunteer ambulance worker shall be paid one hundred dollars for each 50 week, provided, however, that the volunteer ambulance worker is injured 51 in the line of duty on or after the effective date of this chapter to 52 and including June thirtieth, nineteen hundred ninety, provided, howev- 53 er, that when the volunteer ambulance worker is injured in the line of 54 duty on or after July first, nineteen hundred ninety to and including 55 June thirtieth, nineteen hundred ninety-one, such payment shall be one 56 hundred eighty-six dollars and seventy-six cents for each week,
A. 6410 11 1 provided, however, that when the volunteer ambulance worker is injured 2 in the line of duty on or after July first, nineteen hundred ninety-one 3 to and including June thirtieth, nineteen hundred ninety-two, such 4 payment shall be two hundred thirty-four dollars and fifty cents for 5 each week; provided, however, that when the volunteer ambulance worker 6 is injured in the line of duty on or after July first, nineteen hundred 7 ninety-two, such payment shall be two hundred sixty-eight dollars for 8 each week, provided, however, that when the volunteer ambulance worker 9 is injured in the line of duty on or after March first, two thousand 10 twenty-five, such payment shall be five hundred thirty-six dollars for 11 each week. 12 (3) If the percentage of loss of earning capacity is twenty-five 13 percentum, or greater, but less than fifty per centum, [he or she] such 14 volunteer ambulance worker shall be paid [thirty] sixty dollars for each 15 week. 16 (4) If the percentage of loss of earning capacity is less than twen- 17 ty-five per centum, [he or she] such volunteer ambulance worker shall 18 not be paid any weekly benefit. 19 Permanent partial disability, within the meaning of this paragraph, 20 shall exist only if the earning capacity of the volunteer ambulance 21 worker has been permanently and partially lost as the result of the 22 injury. The workers' compensation board shall determine the degree of 23 such disability and such board may reconsider such degree on its own 24 motion or upon application of any party in interest. 25 § 8. Section 11 of the volunteer ambulance workers' benefit law, as 26 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as 27 amended by chapter 924 of the laws of 1990, is amended to read as 28 follows: 29 § 11. Temporary partial disability benefits. In the case of temporary 30 partial disability the volunteer ambulance worker shall be paid for each 31 week during the continuance thereof, as follows: 32 1. If the percentage of loss of earning capacity is seventy-five per 33 centum, or greater, [he or she] such volunteer ambulance worker shall be 34 paid one hundred fifty dollars for each week, provided, however, that 35 the volunteer ambulance worker is injured in the line of duty on or 36 after the effective date of this chapter to and including June thirti- 37 eth, nineteen hundred ninety, provided, however, that when the volunteer 38 ambulance worker is injured in the line of duty on or after July first, 39 nineteen hundred ninety to and including June thirtieth, nineteen 40 hundred ninety-one, such payment shall be two hundred eighty dollars for 41 each week, provided, however, that when the volunteer ambulance worker 42 is injured in the line of duty on or after July first, nineteen hundred 43 ninety-one to and including June thirtieth, nineteen hundred ninety-two, 44 such payment shall be three hundred fifty dollars for each week; and 45 provided further that when the volunteer ambulance worker is injured in 46 the line of duty on or after July first, nineteen hundred ninety-two 47 such payments shall be four hundred dollars for each week; provided 48 further that when a volunteer ambulance worker is injured in the line of 49 duty on or after March first, two thousand twenty-five such ambulance 50 worker shall be paid eight hundred dollars for each week. 51 2. If the percentage of loss of earning capacity is fifty per centum, 52 or greater, but less than seventy-five per centum, [he or she] such 53 volunteer ambulance worker shall be paid one hundred dollars for each 54 week, provided, however, that the volunteer ambulance worker is injured 55 in the line of duty on or after the effective date of this chapter to 56 and including June thirtieth, nineteen hundred ninety, provided, howev-
A. 6410 12 1 er, that when the volunteer ambulance worker is injured in the line of 2 duty on or after July first, nineteen hundred ninety to and including 3 June thirtieth, nineteen hundred ninety-one, such payment shall be one 4 hundred eighty-six dollars and seventy-six cents for each week, 5 provided, however, that when the volunteer ambulance worker is injured 6 in the line of duty on or after July first, nineteen hundred ninety-one 7 to and including June thirtieth, nineteen hundred ninety-two, such 8 payment shall be two hundred thirty-four dollars and fifty cents for 9 each week; provided, however, that when the volunteer ambulance worker 10 is injured in the line of duty on or after July first, nineteen hundred 11 ninety-two, such payment shall be two hundred sixty-eight dollars for 12 each week, provided, however, that when the volunteer ambulance worker 13 is injured in the line of duty on or after March first, two thousand 14 twenty-five, such payment shall be five hundred thirty-six dollars for 15 each week. 16 3. If the percentage of loss of earning capacity is twenty-five per 17 centum, or greater, but less than fifty per centum, [he or she] such 18 volunteer ambulance worker shall be paid [thirty] sixty dollars for each 19 week. 20 4. If the percentage of loss of earning capacity is less than twenty- 21 five per centum, [he or she] such volunteer ambulance worker shall not 22 be paid any weekly benefit. 23 Temporary partial disability, within the meaning of this section, 24 shall exist only if the earning capacity of the volunteer ambulance 25 worker has been temporarily and partially lost as the result of the 26 injury. The workers' compensation board shall determine the degree of 27 such disability and such board may reconsider such degree on its own 28 motion or upon application of any party in interest. 29 § 9. This act shall take effect immediately.