Relates to payment of certain awards for disability

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic3

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Jessica Ramos says this is needed

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 non schedule 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 enti- tlement 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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.