NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8132
SPONSOR: Bronson TITLE OF BILL:
An act to amend the workers' compensation law, in relation to defining
temporary total disability
PURPOSE OR GENERAL IDEA OF BILL:
Defines temporary total as inability to perform the job, in which
injured, or a job offered by the employer that has been modified to meet
the abilities of the injured worker.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 2, as amended by chapter 161 of the laws of 1966,
is amended to read as follows:
2. Temporary total disability. In case of temporary total disability,
which shall consist of the injured employee's inability to perform their
at- injury employment or any modified employment offered by the employer
that is consistent with the employee's disability, sixty-six and two-
thirds per centum of the average weekly wages shall be paid to the
employee during the continuance thereof, except as otherwise provided in
this chapter.
§ 2. This act shall take effect immediately.
JUSTIFICATION:
This legislation establishes a requirement for return to work programs
in order to return injured workers to gainful employment and thus limit
the use of the safety net. The provision will ensure that permanently
disabled workers with significant injuries are provided with every
opportunity to return to gainful employment, and adequate wage-replace-
ment benefits if they are unable to do so.
PRIOR LEGISLATIVE HISTORY:
A6707 of 2023-24: referred to labor
A1118 of 2021-22: Veto
A9955 of 2020: referred to labor
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
