New York S 3948: Allows certain claimants to be reclassified as permanent total disability or total industrial disability due to extreme hardship

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S03948 Summary:

BILL NOS03948 

&nbsp

SAME ASSAME AS A03723

&nbsp

SPONSORRAMOS

&nbsp

COSPNSRJACKSON

&nbsp

MLTSPNSR

&nbsp

Amd §35, Work Comp L

&nbsp

Allows certain claimants to be reclassified as permanent total disability or total industrial disability due to extreme hardship; defines extreme hardship.

Go to top S03948 Actions:

BILL NOS03948 

&nbsp

01/30/2025REFERRED TO LABOR

05/27/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO LABOR

05/13/2026REPORTED AND COMMITTED TO FINANCE

Go to topS03948 Committee&nbspVotes:

Go to topS03948 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03948 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3948

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sens. RAMOS, JACKSON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to allowing
 certain claimants to be reclassified to permanent total disability or
 total industrial disability due to extreme hardship

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 35 of the workers' compensation
 2 law, as amended by section 2 of subpart A of part NNN of chapter 59 of
 3 the laws of 2017, is amended to read as follows:
 4 3. Extreme hardship redetermination. In cases where the loss of wage-
 5 earning capacity is greater than [seventy-five] fifty percent, a claim-
 6 ant may request[, within the year prior to the scheduled exhaustion of
 7 indemnity benefits under paragraph w of subdivision three of section
 8 fifteen of this article,] that the board reclassify the claimant to
 9 permanent total disability or total industrial disability due to factors
 10 reflecting extreme hardship. For the purposes of this subdivision,
 11 "extreme hardship" shall mean: (a) the injured worker's income from
 12 social security disability benefits and disability pension, if applica-
 13 ble, would be less than fifty percent of such injured worker's average
 14 weekly wage upon termination of permanent partial disability benefits;
 15 (b) the injured worker will be unable to meet expenses for themself and
 16 any dependents upon termination of permanent partial disability bene-
 17 fits; (c) additional medical, functional, or vocational factors arising
 18 subsequent to the classification of permanent partial disability have
 19 further eroded the injured worker's wage earning capacity; or (d) the
 20 injured worker's income would be below the federal poverty guidelines
 21 upon termination of permanent partial disability benefits.
 22 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06518-01-5

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