New York A 3542: Relates to minimum wage order increases

Bill Text

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 Speaker Carl E. Heastie

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A03542 Summary:

BILL NOA03542A

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SAME ASNo Same As

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SPONSORReyes

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COSPNSR

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MLTSPNSR

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Amd §15, Work Comp L

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Provides the carrier or employer a credit against permanent partial disability benefits for temporary partial disability payments made in excess of 130 weeks.

Go to top A03542 Actions:

BILL NOA03542A

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01/28/2025referred to labor

01/07/2026referred to labor

02/03/2026amend and recommit to labor

02/03/2026print number 3542a

Go to topA03542 Committee&nbspVotes:

Go to topA03542 Floor&nbspVotes:

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

Go to topA03542 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3542--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. REYES -- read once and referred to the Committee
 on Labor -- recommitted to the Committee on Labor in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the workers' compensation law, in relation to providing
 the carrier or employer a credit against permanent partial disability
 benefits for temporary partial disability payments made in excess of
 130 weeks

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

 1 Section 1. Paragraph w of subdivision 3 of section 15 of the workers'
 2 compensation law, as amended by section 1 of subpart A of part NNN of
 3 chapter 59 of the laws of 2017, is amended to read as follows:
 4 w. Other cases. In all other cases of permanent partial disability,
 5 the compensation shall be sixty-six and two-thirds percent of the
 6 difference between the injured employee's average weekly wages and [his
 7 or her] such employee's wage-earning capacity thereafter in the same
 8 employment or otherwise. Compensation under this paragraph shall be
 9 payable during the continuance of such permanent partial disability,
 10 without the necessity for the claimant who is entitled to benefits at
 11 the time of classification to demonstrate ongoing attachment to the
 12 labor market, but subject to reconsideration of the degree of such
 13 impairment by the board on its own motion or upon application of any
 14 party in interest however, all compensation payable under this paragraph
 15 shall not exceed (i) five hundred twenty-five weeks in cases in which
 16 the loss of wage-earning capacity is greater than ninety-five percent;
 17 (ii) five hundred weeks in cases in which the loss of wage-earning
 18 capacity is greater than ninety percent but not more than ninety-five
 19 percent; (iii) four hundred seventy-five weeks in cases in which the
 20 loss of wage-earning capacity is greater than eighty-five percent but
 21 not more than ninety percent; (iv) four hundred fifty weeks in cases in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03452-02-6

 A. 3542--A 2

 1 which the loss of wage-earning capacity is greater than eighty percent
 2 but not more than eighty-five percent; (v) four hundred twenty-five
 3 weeks in cases in which the loss of wage-earning capacity is greater
 4 than seventy-five percent but not more than eighty percent; (vi) four
 5 hundred weeks in cases in which the loss of wage-earning capacity is
 6 greater than seventy percent but not more than seventy-five percent;
 7 (vii) three hundred seventy-five weeks in cases in which the loss of
 8 wage-earning capacity is greater than sixty percent but not more than
 9 seventy percent; (viii) three hundred fifty weeks in cases in which the
 10 loss of wage-earning capacity is greater than fifty percent but not more
 11 than sixty percent; (ix) three hundred weeks in cases in which the loss
 12 of wage-earning capacity is greater than forty percent but not more than
 13 fifty percent; (x) two hundred seventy-five weeks in cases in which the
 14 loss of wage-earning capacity is greater than thirty percent but not
 15 more than forty percent; (xi) two hundred fifty weeks in cases in which
 16 the loss of wage-earning capacity is greater than fifteen percent but
 17 not more than thirty percent; and (xii) two hundred twenty-five wee