NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7837
SPONSOR: Abbate TITLE OF BILL: An act to amend the state finance law, in relation to
the compensation and medical expenses of certain injured state employees
PURPOSE:
To provide certain injured state employees with financial relief by
paying their salary and medical expenses.
SUMMARY OF PROVISIONS:
Section 1. Adds a new section 209-c of the state finance law. This new
section would require the state to pay for the salary, wages, medical
and hospital expenses of certain state employees. Employees covered by
this bill include Revocation Specialists, Revenue Crime Specialists and
Investigators.
Section 2. Effective date.
JUSTIFICATION:
Injuries on the job, while not necessarily a common occurrence, can have
long-lasting impact on the employee. Many state employees put themselves
in harm's way on a daily basis and should be rightly compensated if they
are injured while on the job. This bill would provide certain title
series the benefit of having the salary and medical bill paid by the
state for an on-the-job injury. Other state employees have this
protection and it should be expanded to these titles as well.
LEGISLATIVE HISTORY:
New bill for 2017 session.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7837
2017-2018 Regular Sessions
IN ASSEMBLY
May 16, 2017
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the state finance law, in relation to the compensation
and medical expenses of certain injured state employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 209-c to read as follows:
3 § 209-c. Payment of salary, wages, medical and hospital expenses of
4 certain employees. For the purpose of this section, the term "employee"
5 shall mean a state employee in the parole revocation specialist title
6 series, revenue crime specialist title series or investigative officer
7 title series.
8 1. Any employee who is injured in the performance of his or her duties
9 or who is taken sick as a result of the performance of his or her duties
10 so as to necessitate medical or other lawful remedial treatment shall be
11 paid by the state the full amount of his or her regular salary or wages
12 for the duration of his or her leave for occupational injury or disease
13 as provided by section seventy-one of the civil service law and, in
14 addition the state shall be liable for all medical treatment and hospi-
15 tal care necessitated by reason of such injury or illness. Provided,
16 however, and notwithstanding the foregoing provisions of this section,
17 the state health authorities or any physician appointed for the purpose
18 by the state, after a determination has first been made that such injury
19 or sickness was incurred during, or resulted from, such performance of
20 duty, may attend any such injured or sick employee, from time to time,
21 for the purpose of providing medical, surgical or other treatment, or
22 for making inspections and the state shall not be liable for salary or
23 wages payable to such employee, or for the cost of medical treatment or
24 hospital care furnished after such date as such health authorities or
25 physician shall certify that such injured or sick employee has recovered
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11548-01-7
A. 7837 2
1 and is physically able to perform his or her regular duties. Any injured
2 or sick employee who shall refuse to accept medical treatment or hospi-
3 tal care or shall refuse to permit medical inspections as herein author-
4 ized shall be deemed to have waived his or her rights under this section
5 in respect to expenses for medical treatment or hospital care rendered
6 and for salary or wages payable after such refusal.
7 Notwithstanding any provision of law to the contrary, a provider of
8 medical treatment or hospital care furnished pursuant to the provisions
9 of this section shall not collect or attempt to collect reimbursement
10 for such treatment or care from any such employee.
11 2. Payment of the full amount of regular salary or wages, as provided
12 by subdivision one of this section, shall be discontinued with respect
13 to any employee who is permanently disabled as a result of an injury or
14 sickness incurred or resulting from the performance of his or her duties
15 if such employee is granted an accidental disability retirement allow-
16 ance pursuant to section sixty-three of the retirement and social secu-
17 rity law, a retirement for disability incurred in performance of duty
18 allowance or similar accidental disability pension provided by the
19 pension fund of which he or she is a member. If application for such
20 retirement allowance or pension is not made by such employee, applica-
21 tion therefor may be made by the agency head.
22 3. If such employee is not eligible for or is not granted such acci-
23 dental disability retirement allowance or retirement for disability
24 pension and is nevertheless, in the opinion of such health authorities
25 or physician, unable to perform his or her regular duties as a result of
26 such injury or sickness but is able, in their opinion, to perform speci-
27 fied types of light employee duty, payment of the full amount of regular
28 salary or wages, as provided by subdivision one of this section, shall
29 be discontinued with respect to such employee if he or she shall refuse
30 to perform such light duty if the same is available and offered to him
31 or her; provided, however, that such light duty shall be consistent with
32 his or her status as an employee and shall enable him or her to continue
33 to be entitled to his or her regular salary or wages, including
34 increases thereof and fringe benefits, to which he or she would have
35 been entitled if he or she were able to perform his or her regular
36 duties.
37 4. The appropriate agency officials may transfer such employee to a
38 position in another unit or office within the department where they are
39 able to do so pursuant to applicable civil service requirements and
40 provided the employee shall consent thereto.
41 5. If such employee is not eligible for or is not granted an acci-
42 dental disability retirement allowance or retirement for disability
43 incurred in performance of duty allowance or similar accidental disabil-
44 ity pension, he or she shall not be entitled to further payment of the
45 full amount of regular salary or wages, as provided by subdivision one
46 of this section, after he or she shall have attained the mandatory
47 service retirement age applicable to him or her or shall have attained
48 the age or performed the period of service specified by applicable law
49 for the termination of his or her service.
50 6. Notwithstanding any provision of law to the contrary, a cause of
51 action shall accrue to the state for reimbursement in such sum or sums
52 actually paid as salary or wages and/or for medical treatment and hospi-
53 tal care as against any third party against whom the employee shall have
54 a cause of action for the injury sustained or sickness caused by such
55 third party.
A. 7837 3
1 7. Nothing herein shall waive, modify, or limit any rights or benefits
2 provided by the workers' compensation law to covered employees which
3 exceed the benefits contained herein or continue beyond the term of a
4 covered employee's leave for occupational injury or disease as provided
5 by section seventy-one of the civil service law.
6 § 2. This act shall take effect immediately.
