Includes the unaccrued portion of a non-schedule award in the amounts to be payable to and for the benefit of certain persons where a claimant was entitled to death benefits at the time of death.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8480
SPONSOR: Bronson TITLE OF BILL:
An act to amend the workers' compensation law, in relation to payment of
certain awards for disability
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes unaccrued portions of non-schedule benefits to be awarded
posthumously.
SUMMARY OF PROVISIONS:
Section 1: amends the workers' compensation law to include the unaccrued
portion of a nonschedule award in the case of a claimant's death.
Section 2: establishes the effective date.
JUSTIFICATION:
This bill amends the workers' compensation law (WCL) to specifically
include, but not limit, non-schedule awards as an entitlement payable
even in cases where the claimant has died for reasons other than the
worksite injury.
For context, subdivision 3, section 15 of the WCL outlines two catego-
ries of awards for injuries resulting in permanent partial disability. A
"schedule loss of use" award, provided for in section 15 (3) (a)-(u), is
designed to compensate for loss of earning power, rather than the time
that an employee actually loses from work or the injury itself. On the
other hand, a nonschedule award seeks to reimburse a claimant for earn-
ings lost due to injury. Typically, courts have awarded posthumous bene-
fits for schedule awards but not for non-schedule awards.
In 2016, Michael Coyle established a workers' compensation claim for
work-related injuries and was classified as having sustained a permanent
partial disability, entitling him to wage-loss benefits not to exceed
375 weeks. However, in January 2021, for reasons unrelated to his work
injuries, Coyle passed away, leaving behind an unaccrued portion of
non-schedule benefits. Following this, a request for further action was
filed in July 2021 seeking a hearing on behalf of Coyle's minor son to
determine his entitlement to any unpaid amounts of wage-loss benefits.
Relying on this Court's decision in Matter of Green v Dutchess County
BOCES 2022, a WCL Judge found that, pursuant to Green, Coyle's son was
indeed entitled to receive his unpaid wage-loss benefits.
Therefore, this amendment codifies the effect of non-schedule awards
benefits, authorizing unaccrued portions to be payable to and for the
benefit of the claimant's spouse, children, and/or estate as specified
under subdivision 4 of section 15 of the WCL.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
8480
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to payment of
certain awards for disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 4 of section 15 of the
2 workers' compensation law, as amended by chapter 168 of the laws of
3 1979, is amended to read as follows:
4 An award made to a claimant under subdivision three of this section,
5 including, but not limited to, the unaccrued portion of a non-schedule
6 award, provided that the claimant was entitled to benefits at the time
7 of death, shall, in case of death arising from causes other than the
8 injury, be payable to and for the benefit of the persons following:
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13124-01-5
