Defines temporary total disability as the injured employee's inability to perform his or her pre-injury employment duties or any modified employment offered by the employer that is consistent with the employee's disability.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1118
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 his
or her 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:
A9955 of 2020: referred to labor
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1118
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. BRONSON, REYES -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to defining
temporary total disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 15 of the workers' compensation
2 law, as amended by chapter 161 of the laws of 1966, is amended to read
3 as follows:
4 2. Temporary total disability. In case of temporary total disability,
5 which shall consist of the injured employee's inability to perform his
6 or her pre-injury employment duties or any modified employment offered
7 by the employer that is consistent with the employee's disability,
8 sixty-six and two-thirds per centum of the average weekly wages shall be
9 paid to the employee during the continuance thereof, except as otherwise
10 provided in this chapter.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03446-01-1
