§ 10 — Permanent partial disability benefits

New York § 10

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' 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\nfirefighter shall be paid ninety-five dollars for each week for the\nperiod specified in this subdivision, provided, however, that when the\nvolunteer firefighter is injured in the line of duty on or after January\nfirst, nineteen hundred seventy-eight to June thirtieth, nineteen\nhundred eighty-three, such payment shall be one hundred five dollars for\neach week, and further provided that when a volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-three to and including June thirtieth, nineteen hundred\neighty-four, such payments shall be one hundred twenty-five dollars for\neach week and provided further that when the volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-four to and including June thirtieth, nineteen hundred\neighty-five such payments shall be one hundred thirty-five dollars for\neach week and provided further that when the volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-five to and including June thirtieth, nineteen hundred ninety\nsuch payments shall be one hundred fifty dollars for each week, and\nprovided further that when the volunteer firefighter is injured in the\nline 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 firefighter is injured in the line of duty on or\nafter July first, nineteen hundred ninety-one to and including June\nthirtieth, nineteen hundred ninety-two such payments shall be three\nhundred fifty dollars for each week, and provided further that when the\nvolunteer firefighter is injured in the line of duty on or after July\nfirst, nineteen hundred ninety-two such payments shall be four hundred\ndollars for each week, as follows:\n(a) Loss of member.\nMember lost ............................................ Number of weeks\nArm ................................................................ 312\nLeg ................................................................ 288\nHand ............................................................... 244\nFoot ............................................................... 205\nEye ................................................................ 160\nThumb ............................................................... 75\nFirst finger ........................................................ 46\nGreat toe ........................................................... 38\nSecond finger ....................................................... 30\nThird finger ........................................................ 25\nToe other than great toe ............................................ 16\nFourth 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\nof one ear, sixty weeks; for the loss of hearing of both ears, one\nhundred fifty weeks.\n (c) Total loss of use. In the case of permanent total loss of use of a\nmember, the period shall be the same as for the loss of the member.\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 whichever is the\ngreater.\n (e) Disfigurement. In the case of serious facial or head\ndisfigurement, including a disfigurement continuous in length which is\npartly in the facial area and also extends into the neck region as\ndescribed in this paragraph, the volunteer firefighter shall be paid in\na lump sum a proper and equitable amount, which shall be determined by\nthe workers' compensation board. If the earning capacity of the\nvolunteer firefighter shall have been impaired, or may in the future be\nimpaired, by any serious disfigurement in the region above the sterno\nclavicular articulations anterior to and including the region of the\nsterno cleido mastoid muscles on either side, the volunteer firefighter\nshall be paid 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 firefighter 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\nthe volunteer firefighter 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 ninety-five dollars for each\nweek, provided, however, that when the volunteer firefighter is injured\nin the line of duty on or after January first, nineteen hundred\nseventy-eight to and including June thirtieth, nineteen hundred\neighty-three, such payment shall be one hundred five dollars for each\nweek provided, however, that when the volunteer firefighter is injured\nin the line of duty on or after July first, nineteen hundred\neighty-three to and including June thirtieth, nineteen hundred\neighty-four, such payment shall be one hundred twenty-five dollars for\neach week provided, however, that when the volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-four to and including June thirtieth, nineteen hundred\neighty-five such payment shall be one hundred thirty-five dollars for\neach week, provided, however, that when the volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-five to and including June thirtieth, nineteen hundred ninety\nsuch payment shall be one hundred fifty dollars for each week, provided,\nhowever, that when the volunteer firefighter is injured in the line of\nduty on or after July first, nineteen hundred ninety to and including\nJune thirtieth, nineteen hundred ninety-one such payment shall be two\nhundred eighty dollars for each week, and provided further that when the\nvolunteer firefighter is injured in the line of duty on or after July\nfirst, nineteen hundred ninety-one to and including June thirtieth,\nnineteen hundred ninety-two such payment shall be three hundred fifty\ndollars for each week, and provided further that when the volunteer\nfirefighter is injured in the line of duty on or after July first,\nnineteen hundred ninety-two such payment shall be four hundred dollars\nfor 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 sixty-three dollars and thirty-three cents for each week, provided,\nhowever, that when the volunteer firefighter is injured in the line of\nduty on or after January first, nineteen hundred seventy-eight to and\nincluding June thirtieth, nineteen hundred eighty-three, such payment\nshall be seventy dollars for each week, provided, however, that when the\nvolunteer firefighter is injured in the line of duty on or after July\nfirst, nineteen hundred eighty-three to and including June thirtieth,\nnineteen hundred eighty-four such payment shall be eighty-three dollars\nand thirty-three cents for each week, provided, however, that when the\nvolunteer firefighter is injured in the line of duty on or after July\nfirst, nineteen hundred eighty-four, to and including June thirtieth,\nnineteen hundred eighty-five, such payment shall be ninety dollars for\neach week, provided, however, that when the volunteer firefighter is\ninjured in the line of duty on or after July first, nineteen hundred\neighty-five to and including June thirtieth, nineteen hundred ninety\nsuch payment shall be one hundred dollars for each week, provided,\nhowever, that when the volunteer firefighter is injured in the line of\nduty on or after July first, nineteen hundred ninety to and including\nJune thirtieth, nineteen hundred ninety-one such payment shall be one\nhundred eighty-six dollars and seventy-six cents for each week,\nprovided, however, that when the volunteer firefighter is injured in the\nline of duty on or after July first, nineteen hundred ninety-one to and\nincluding June thirtieth, nineteen hundred ninety-two such payment shall\nbe two hundred thirty-four dollars and fifty cents for each week,\nprovided, however, that when the volunteer firefighter is injured in the\nline of duty on or after July first, nineteen hundred ninety-two such\npayment shall be two hundred sixty-eight dollars for each week;\n 3. If the percentage of loss of earning capacity is twenty-five per\ncentum, or greater, but less than fifty per centum, he shall be paid\nthirty 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.\nPermanent partial disability, within the meaning of this paragraph,\nshall exist only if the earning capacity of the volunteer firefighter\nhas been permanently and partially lost as the result of the injury. The\nworkers' compensation board shall determine the degree of such\ndisability and such board may reconsider such degree on its own motion\nor 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\nthe age of eighteen years, but no surviving spouse, then to such child\nor children.\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 chapter, as directed\nby the workmen's 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 chapter, 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 firefighter.\n