§ 10 — Permanent partial disability benefits

New York § 10

• Jurisdiction: New York
• Law VAW: Volunteer Ambulance Workers' Benefit
• Art. 2: Coverage and Benefits

Text

§ 10. Permanent partial disability benefits. 1. In the case of\ndisability partial in character, but permanent in quality, the volunteer\nambulance worker, injured in the line of duty shall be paid one hundred\nfifty dollars for each week for the period specified in this\nsubdivision, provided, however, that when the volunteer ambulance worker\nis injured in the line of duty on or after the effective date of this\nchapter to and including June thirtieth, nineteen hundred ninety, and\nprovided further that when the volunteer ambulance worker is injured in\nthe line of duty on or after July first, nineteen hundred ninety to and\nincluding June thirtieth, nineteen hundred ninety-one such payments\nshall be two hundred eighty dollars for each week, and provided further\nthat when the volunteer ambulance worker is injured in the line of duty\non or after July first, nineteen hundred ninety-one to and including\nJune thirtieth, nineteen hundred ninety-two such payments shall be three\nhundred fifty dollars for each week; and provided further that when the\nvolunteer ambulance worker is injured in the line of duty on or after\nJuly first, nineteen hundred ninety-two such payments shall be four\nhundred dollars for each week as follows:\n a. Loss of member.\n Member lost Number of weeks\n Arm .................................................... 312\n Leg .................................................... 288\n Hand ................................................... 244\n Foot ................................................... 205\n Eye .................................................... 160\n Thumb .................................................. 75\n First finger ........................................... 46\n Great toe .............................................. 38\n Second finger .......................................... 30\n Third finger ........................................... 25\n Toe other than great toe ............................... 16\n Fourth finger .......................................... 15\nIf more than one phalange of a digit shall be lost, the period shall be\nthe same as for the loss of the entire digit. If only the first phalange\nshall be lost, the period shall be one-half the period for loss of the\nentire digit. The period for loss or loss of use of two or more digits,\nor one or more phalanges of two or more digits, of a hand or foot, may\nbe proportioned to the period for the loss of use of the hand or foot\noccasioned thereby, but shall not exceed the period for the loss of a\nhand or foot. If an arm or leg shall be amputated at or above the wrist\nor ankle, the period for such loss shall be in proportion to the period\nfor the loss of the arm or leg. In the case of loss of binocular vision\nor of eighty per centum or more of the vision of an eye, the period\nshall be the same as for the loss of the eye.\n b. Loss of hearing. In the case of the complete loss of the hearing of\none ear, sixty weeks; for the loss of hearing of both ears, one hundred\nfifty weeks.\n c. Total loss of use. In the case of permanent total loss of use of a\nmember, the compensation shall be the same as for the loss of the\nmember.\n d. Partial loss or partial loss of use. Except as above provided in\nthis subdivision, in the case of permanent partial loss or loss of use\nof a member, the period shall be for the proportionate loss or loss of\nuse of the member. Compensation for permanent partial loss of use of an\neye shall be awarded on the basis of uncorrected loss of vision or\ncorrected loss of vision resulting from an injury which ever is greater.\n e. Disfigurement. In the case of serious facial or head disfigurement,\nincluding a disfigurement continuous in length which is partly in the\nfacial area and also extends into the neck region as described in this\nparagraph, the volunteer ambulance worker shall be paid in a lump sum a\nproper and equitable amount, which shall be determined by the workers'\ncompensation board. If the earning capacity of the volunteer ambulance\nworker shall have been impaired, or may in the future be impaired, by\nany serious disfigurement in the region above the sterno clavicular\narticulations anterior to and including the region of the sterno cleido\nmastoid muscles on either side, the volunteer ambulance worker shall be\npaid in a lump sum a proper and equitable amount which shall be\ndetermined by such board. Two or more serious disfigurements, not\ncontinuous in length, resulting from the same injury, if partially in\nthe facial area and partially in such neck region, shall be deemed to be\na facial disfigurement. An award, or the aggregate of the awards, to a\nvolunteer ambulance worker under this paragraph shall not exceed twenty\nthousand dollars.\n f. Total or partial loss or loss of use of more than one member. In\nany case in which there shall be a loss or loss of use of more than one\nmember or parts of more than one member set forth above in paragraphs a\nto e, both inclusive, of this subdivision, but not amounting to\npermanent total disability, the periods for loss or loss of use of each\nsuch member or part thereof shall run consecutively.\n g. Other cases. In all other cases of permanent partial disability the\nvolunteer ambulance worker shall be paid for each week, during the\ncontinuance thereof, as follows:\n (1) If the percentage of loss of earning capacity is seventy-five per\ncentum, or greater, he or she shall be paid one hundred fifty dollars\nfor each week, provided, however, that the volunteer ambulance worker is\ninjured in the line of duty on or after the effective date of this\nchapter to and including June thirtieth, nineteen hundred ninety,\nprovided, however, that when the volunteer ambulance worker is injured\nin the line of duty on or after July first, nineteen hundred ninety to\nand including June thirtieth, nineteen hundred ninety-one such payment\nshall be two hundred eighty dollars for each week, and provided further\nthat when the volunteer ambulance worker is injured in the line of duty\non or after July first, nineteen hundred ninety-one to and including\nJune thirtieth, nineteen hundred ninety-two such payment shall be three\nhundred fifty dollars for each week; and provided further that when the\nvolunteer ambulance worker is injured in the line of duty on or after\nJuly first, nineteen hundred ninety-two such payments shall be four\nhundred dollars for each week.\n (2) If the percentage of loss of earning capacity is fifty per centum,\nor greater, but less than seventy-five per centum, he or she shall be\npaid one hundred dollars for each week, provided, however, that the\nvolunteer ambulance worker is injured in the line of duty on or after\nthe effective date of this chapter to and including June thirtieth,\nnineteen hundred ninety, provided, however, that when the volunteer\nambulance worker is injured in the line of duty on or after July first,\nnineteen hundred ninety to and including June thirtieth, nineteen\nhundred ninety-one, such payment shall be one hundred eighty-six dollars\nand seventy-six cents for each week, provided, however, that when the\nvolunteer ambulance worker is injured in the line of duty on or after\nJuly first, nineteen hundred ninety-one to and including June thirtieth,\nnineteen hundred ninety-two, such payment shall be two hundred\nthirty-four dollars and fifty cents for each week; provided, however,\nthat when the volunteer ambulance worker is injured in the line of duty\non or after July first, nineteen hundred ninety-two, such payment shall\nbe two hundred sixty-eight dollars for each week.\n (3) If the percentage of loss of earning capacity is twenty-five\npercentum, or greater, but less than fifty per centum, he or she shall\nbe paid thirty dollars for each week.\n (4) If the percentage of loss of earning capacity is less than\ntwenty-five per centum, he or she shall not be paid any weekly benefit.\n Permanent partial disability, within the meaning of this paragraph,\nshall exist only if the earning capacity of the volunteer ambulance\nworker has been permanently and partially lost as the result of the\ninjury. The workers' compensation board shall determine the degree of\nsuch disability and such board may reconsider such degree on its own\nmotion or upon application of any party in interest.\n 2. An award made to a claimant under this section shall in case of\ndeath arising from causes other than the injury be payable to and for\nthe benefit of the persons following:\n a. If there be a surviving spouse and no child of the deceased under\nthe age of eighteen years, to such spouse.\n b. If there be a surviving spouse and surviving child or children of\nthe deceased under the age of eighteen years, one-half shall be payable\nto the surviving spouse and the other half to the surviving child or\nchildren.\n c. If there be a surviving child or children of the deceased under the\nage of eighteen years, but no surviving spouse, then to such child or\nchildren.\n d. If there be no surviving spouse and no surviving child or children\nof the deceased under the age of eighteen years, then to such dependent\nor dependents as defined in section seven of this article, as directed\nby the workers' compensation board; and if there shall be no such\ndependents, then to the estate of such deceased in an amount not\nexceeding reasonable funeral expenses as provided in subdivision one of\nsection seven of this article, or, if there be no estate, to the person\nor persons paying the funeral expenses of such deceased in an amount not\nexceeding reasonable funeral expenses as provided in such subdivision\none.\n 3. An award for disability may be made after the death of the\nvolunteer ambulance worker.\n