§ 15 — Schedule in case of disability

New York § 15

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 15. Schedule in case of disability. The following schedule of\ncompensation is hereby established:\n 1. Permanent total disability. In case of total disability adjudged to\nbe permanent sixty-six and two-thirds per centum of the average weekly\nwages shall be paid to the employee during the continuance of such total\ndisability. Loss of both hands, or both arms, or both feet, or both\nlegs, or both eyes, or of any two thereof shall, in the absence of\nconclusive proof to the contrary, constitute permanent total disability.\nIn all other cases permanent total disability shall be determined in\naccordance with the facts. Notwithstanding any other provision of this\nchapter, an injured employee disabled due to the loss or total loss of\nuse of both eyes, or both hands, or both arms, or both feet, or both\nlegs, or of any two thereof shall not suffer any diminution of his\ncompensation by engaging in business or employment provided his earnings\nor wages, when combined with his compensation, shall not be in excess of\nthe wage base on which the maximum weekly compensation benefit is\ncomputed under the law in effect at time of such earning; further\nprovided, that if the combination exceeds such wage base, the\ncompensation shall be diminished to an amount which, together with his\nearnings or wages, shall equal the wage base; and further provided that\nthe application of this subdivision shall not result in reduction of\ncompensation which an injured employee who is disabled due to the loss\nor total loss of use of both eyes, or both hands, or both arms, or both\nfeet, or both legs or of any two thereof, would otherwise be entitled to\nunder any other provision of this section.\n 2. Temporary total disability. In case of temporary total disability,\nsixty-six and two-thirds per centum of the average weekly wages shall be\npaid to the employee during the continuance thereof, except as otherwise\nprovided in this chapter.\n 3. Permanent partial disability. In case of disability partial in\ncharacter but permanent in quality the compensation shall be sixty-six\nand two-thirds per centum of the average weekly wages and shall be paid\nto the employee for the period named in this subdivision, as follows:\n Number of\nMember lost weeks' compensation\na. Arm ............................................................. 312\nb. Leg ............................................................. 288\nc. Hand ............................................................ 244\nd. Foot ............................................................ 205\ne. eye ............................................................. 160\nf. Thumb ............................................................ 75\ng. First finger ..................................................... 46\nh. Great toe ........................................................ 38\ni. Second finger .................................................... 30\nj. Third finger ..................................................... 25\nk. Toe other than great toe ......................................... 16\nl. Fourth finger .................................................... 15\n m. Loss of hearing. Compensation for the complete loss of the hearing\nof one ear, for sixty weeks, for the loss of hearing of both ears, for\none hundred and fifty weeks.\n n. Phalanges. Compensation for the loss of more than one phalange of a\ndigit shall be the same as for loss of the entire digit. Compensation\nfor loss of the first phalange shall be one-half of the compensation for\nloss of the entire digit.\n o. Amputated arm or leg. Compensation for an arm or a leg, if\namputated at or above the wrist or ankle, shall be for the proportionate\nloss of the arm or leg.\n p. Binocular vision or per centum of vision. Compensation for loss of\nbinocular vision or for eighty per centum or more of the vision of an\neye shall be the same as for loss of the eye.\n q. Two or more digits. Compensation for loss or loss of use of two or\nmore digits, or one or more phalanges of two or more digits, of a hand\nor foot may be proportioned to the loss of use of the hand or foot\noccasioned thereby but shall not exceed the compensation for loss of a\nhand or foot.\n r. Total loss of use. Compensation for permanent total loss of use of\na member shall be the same as for loss of the member.\n s. Partial loss or partial loss of use. Compensation for permanent\npartial loss or loss of use of a member may be for proportionate loss or\nloss of use of the member. Compensation for permanent partial loss or\nloss of use of an eye shall be awarded on the basis of uncorrected loss\nof vision or corrected loss of vision resulting from an injury whichever\nis the greater.\n t. Disfigurement. 1. The board may award proper and equitable\ncompensation for serious facial or head disfigurement, not to exceed\ntwenty thousand dollars, including a disfigurement continuous in length\nwhich is partially in the facial area and also extends into the neck\nregion as described in paragraph two hereof.\n 2. The board, if in its opinion the earning capacity of an employee\nhas been or may in the future be impaired, may award compensation for\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, but no award under subdivisions one and\ntwo shall, in the aggregate, exceed twenty thousand dollars.\n 3. Notwithstanding any other provision hereof, two or more serious\ndisfigurements, not continuous in length, resulting from the same\ninjury, if partially in the facial area and partially in the neck region\nas described in paragraph two hereof, shall be deemed to be a facial\ndisfigurement.\n u. Total or partial loss or loss of use of more than one member or\nparts of members. In any case in which there shall be a loss or loss of\nuse of more than one member or parts of more than one member set forth\nin paragraphs a through t, inclusive, of this subdivision, but not\namounting to permanent total disability, the board shall award\ncompensation for the loss or loss of use of each such member or part\nthereof, which awards shall be fully payable in one lump sum upon the\nrequest of the injured employee.\n v. Additional compensation for impairment of wage earning capacity in\ncertain permanent partial disabilities. Notwithstanding any other\nprovision of this subdivision, additional compensation shall be payable\nfor impairment of wage earning capacity for any period after the\ntermination of an award under paragraphs a, b, c, or d, of this\nsubdivision for the loss or loss of use of fifty per centum or more of a\nmember, provided such impairment of earning capacity shall be due solely\nthereto. Such additional compensation shall be determined in accordance\nwith paragraph w of this subdivision. The additional compensation shall\nbe reduced by fifty per centum of any amount of disability benefits\nwhich the disabled employee is receiving or entitled to receive for the\nsame period under the social security act, and shall cease on the date\nthe disabled employee receives or is entitled to receive old-age\ninsurance benefits under the social security act. As soon as practicable\nafter the injury, the worker shall be required to participate in a board\napproved rehabilitation program; or shall have demonstrated cooperation\nwith efforts to institute such a board approved program and shall have\nbeen determined by the board not to be a feasible candidate for\nrehabilitation; such rehabilitation shall constitute treatment and care\nas provided in this chapter.\n w. Other cases. In all other cases of permanent partial disability,\nthe compensation shall be sixty-six and two-thirds percent of the\ndifference between the injured employee's average weekly wages and his\nor her wage-earning capacity thereafter in the same employment or\notherwise. Compensation under this paragraph shall be payable during\nthe continuance of such permanent partial disability, without the\nnecessity for the claimant who is entitled to benefits at the time of\nclassification to demonstrate ongoing attachment to the labor market,\nbut subject to reconsideration of the degree of such impairment by the\nboard on its own motion or upon application of any party in interest\nhowever, all compensation payable under this paragraph shall not exceed\n(i) five hundred twenty-five weeks in cases in which the loss of\nwage-earning capacity is greater than ninety-five percent; (ii) five\nhundred weeks in cases in which the loss of wage-earning capacity is\ngreater than ninety percent but not more than ninety-five percent; (iii)\nfour hundred seventy-five weeks in cases in which the loss of\nwage-earning capacity is greater than eighty-five percent but not more\nthan ninety percent; (iv) four hundred fifty weeks in cases in which the\nloss of wage-earning capacity is greater than eighty percent but not\nmore than eighty-five percent; (v) four hundred twenty-five weeks in\ncases in which the loss of wage-earning capacity is greater than\nseventy-five percent but not more than eighty percent; (vi) four hundred\nweeks in cases in which the loss of wage-earning capacity is greater\nthan seventy percent but not more than seventy-five percent; (vii) three\nhundred seventy-five weeks in cases in which the loss of wage-earning\ncapacity is greater than sixty percent but not more than seventy\npercent; (viii) three hundred fifty weeks in cases in which the loss of\nwage-earning capacity is greater than fifty percent but not more than\nsixty percent; (ix) three hundred weeks in cases in which the loss of\nwage-earning capacity is greater than forty percent but not more than\nfifty percent; (x) two hundred seventy-five weeks in cases in which the\nloss of wage-earning capacity is greater than thirty percent but not\nmore than forty percent; (xi) two hundred fifty weeks in cases in which\nthe loss of wage-earning capacity is greater than fifteen percent but\nnot more than thirty percent; and (xii) two hundred twenty-five weeks in\ncases in which the loss of wage-earning capacity is fifteen percent or\nless. For a claimant with a date of accident or disablement after the\neffective date of the chapter of the laws of two thousand seventeen that\namended this subdivision, where the carrier or employer has provided\ncompensation pursuant to subdivision five of this section beyond one\nhundred thirty weeks from the date of accident or disablement, all\nsubsequent weeks in which compensation was paid shall be considered to\nbe benefit weeks for purposes of this section, with the carrier or\nemployer receiving credit for all such subsequent weeks against the\namount of maximum benefit weeks when permanent partial disability under\nthis section is determined. In the event of payment for intermittent\ntemporary partial disability paid after one hundred thirty weeks from\nthe date of accident or disablement, such time shall be reduced to a\nnumber of weeks, for which the carrier will receive a credit against the\nmaximum benefit weeks. For a claimant with a date of accident or\ndisablement after the effective date of the chapter of the laws of two\nthousand seventeen that amended this subdivision, when permanency is at\nissue, and a claimant has submitted medical evidence that he or she is\nnot at maximum medical improvement, and the carrier has produced or has\nhad a reasonable opportunity to produce an independent medical\nexamination concerning maximum medical improvement, and the board has\ndetermined that the claimant is not yet at maximum medical improvement,\nthe carrier shall not receive a credit for benefit weeks prior to a\nfinding that the claimant has reached maximum medical improvement, at\nwhich time the carrier shall receive credit for any weeks of temporary\ndisability paid to claimant after such finding against the maximum\nbenefit weeks awarded under this subdivision. For those claimants\nclassified as permanently partially disabled who no longer receive\nindemnity payments because they have surpassed their number of maximum\nbenefit weeks, the following provisions will apply:\n (1) There will be a presumption that medical services shall continue\nnotwithstanding the completion of the time period for compensation set\nforth in this section and the burden of going forward and the burden of\nproof will lie with the carrier, self-insured employer or state\ninsurance fund in any application before the board to discontinue or\nsuspend such services. Medical services will continue during the\npendency of any such application and any appeals thereto.\n (2) The board is directed to promulgate regulations that establish an\nindependent review and appeal by an outside agent or entity of the\nboard's choosing of any administrative law judge's determination to\ndiscontinue or suspend medical services before a final determination of\nthe board.\n x. Impairment guidelines. The chair shall consult with representatives\nof labor, business, medical providers, insurance carriers, and\nself-insured employers regarding revisions to permanency impairment\nguidelines, including permitting review and comment by such\nrepresentatives' chosen medical advisors, and after consultation shall,\nin accordance with the state administrative procedure act, propose for\npublic comment revised permanency guidelines concerning medical\nevaluation of impairment and the determination of permanency as set\nforth in paragraphs a through v of this subdivision by September first,\ntwo thousand seventeen, with such guidelines to be adopted by the chair\nby January first, two thousand eighteen. The permanency impairment\nguidelines shall be reflective of advances in modern medicine that\nenhance healing and result in better outcomes. In the event the chair\nfails to adopt such permanency guidelines to be effective by January\nfirst, two thousand eighteen, the chair shall adopt, by emergency\nregulation, permanency impairment guidelines. The permanency impairment\nguidelines adopted by emergency regulation shall be either the\nimpairment guidelines proposed by the chair on September first, two\nthousand seventeen or the permanency impairment guidelines created by\nthe consultant to the board and submitted to representatives of labor,\nbusiness, medical providers, insurance carriers, and self-insured\nemployers, as voted on in an emergency meeting of the board to be held\non December twenty-ninth, two thousand seventeen. In the event the board\nis unable to reach a decision at such meeting, the chair shall select\nthe permanency guidelines to be adopted by emergency regulations.\nEmergency regulations shall be in effect for ninety days or until such\ntime as permanent regulations are adopted by the chair. As of January\nfirst, two thousand eighteen the 2012 permanency impairment guidelines\npertaining to paragraphs a through v of subdivision three of section\nfifteen of this article are repealed, and shall have no effect. The\nboard shall train adjudication and other staff to ensure timely and\neffective implementation.\n 4. Effect of award. An award made to a claimant under subdivision\nthree shall in case of death arising from causes other than the injury\nbe payable to and for the 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 The board may in its discretion require the appointment of a guardian\nfor the purpose of receiving the compensation of the minor child. In the\nabsence of such a requirement by the board the appointment for such a\npurpose shall not be necessary.\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 sixteen of this chapter, as directed\nby the board; and if there be no such dependents, then to the estate of\nsuch deceased in an amount not exceeding reasonable funeral expenses as\nprovided in subdivision one of section sixteen of this chapter, or, if\nthere be no estate, to the person or persons paying the funeral expenses\nof such deceased in an amount not exceeding reasonable funeral expenses\nas provided in subdivision one of section sixteen of this chapter.\n An award for disability may be made after the death of the injured\nemployee.\n 4-a. Protracted temporary total disability in connection with\npermanent partial disability. In case of temporary total disability and\npermanent partial disability both resulting from the same injury, if the\ntemporary total disability continues for a longer period than the number\nof weeks set forth in the following schedule, the period of temporary\ntotal disability in excess of such number of weeks shall be added to the\ncompensation period provided in subdivision three of this section: Arm,\nthirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot,\nthirty-two weeks; ear, twenty-five weeks; eye, twenty weeks; thumb,\ntwenty-four weeks; first finger, eighteen weeks; great toe, twelve\nweeks; second finger, twelve weeks; third finger, eight weeks; fourth\nfinger, eight weeks; toe other than great toe, eight weeks.\n In any case resulting in loss or partial loss of use of arm, leg,\nhand, foot, ear, eye, thumb, finger or toe, where the temporary total\ndisability does not extend beyond the periods above mentioned for such\ninjury, compensation shall be limited to the schedule contained in\nsubdivision three.\n 5. Temporary partial disability. In case of temporary partial\ndisability resulting in decrease of earning capacity, the compensation\nshall be two-thirds of the difference between the injured employee's\naverage weekly wages before the accident and his wage earning capacity\nafter the accident in the same or other employment.\n 5-a. Determination of wage earning capacity. The wage earning capacity\nof an injured employee in cases of partial disability shall be\ndetermined by his actual earnings, provided, however, that if he has no\nsuch actual earnings the board may in the interest of justice fix such\nwage earning capacity as shall be reasonable, but not in excess of\nseventy-five per centum of his former full time actual earnings, having\ndue regard to the nature of his injury and his physical impairment.\n 5-b. Non-schedule adjustments. Notwithstanding any other provision of\nthis chapter, in any case coming within the provisions of subdivisions\nthree or five of this section, in which the right to compensation has\nbeen established and compensation has been paid for not less than three\nmonths, in which the continuance of disability and of future earning\ncapacity cannot be ascertained with reasonable certainty, the board may,\nin the interest of justice, approve a non-schedule adjustment agreed to\nbetween the claimant and the employer or his insurance carrier. The\nboard shall require, before approving any such agreement, that there be\nan examination of the claimant in accordance with section nineteen of\nthis chapter, and such approval shall only be given when it is found\nthat the adjustment is fair and in the best interest of the claimant.\nThe board may, in such case, order all future compensation to be paid in\none or more lump sums or periodically, and any such adjustment shall be\nregarded as a closing of the claim unless the board find upon proof that\nthere has been a change in condition or in the degree of disability of\nclaimant not found in the medical evidence and, therefore, not\ncontemplated at the time of the adjustment.\n 6. Maximum and minimum compensation for disability. (a) Compensation\nfor permanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs, (1) on\nor after January first, nineteen hundred seventy-eight, shall not exceed\none hundred twenty-five dollars per week, that occurs (2) on or after\nJuly first, nineteen hundred seventy-eight, shall not exceed one hundred\neighty dollars per week, that occurs (3) on or after January first,\nnineteen hundred seventy-nine, shall not exceed two hundred fifteen\ndollars per week, that occurs (4) on or after July first, nineteen\nhundred eighty-three, shall not exceed two hundred fifty-five dollars\nper week, that occurs (5) on or after July first, nineteen hundred\neighty-four, shall not exceed two hundred seventy-five dollars per week,\nthat occurs (6) on or after July first, nineteen hundred eighty-five,\nshall not exceed three hundred dollars per week, that occurs (7) on or\nafter July first, nineteen hundred ninety, shall not exceed three\nhundred forty dollars per week; and in the case of temporary total\ndisability shall not be less than thirty dollars per week and in the\ncase of permanent total disability shall not be less than twenty dollars\nper week except that if the employee's wages at the time of injury are\nless than thirty or twenty dollars per week respectively, he or she\nshall receive his or her full weekly wages. Compensation for permanent\nor temporary partial disability due to an accident or disablement\nresulting from an occupational disease that occurs (1) on or after\nJanuary first, nineteen hundred seventy-eight, shall not exceed one\nhundred five dollars per week, that occurs (2) on or after July first,\nnineteen hundred eighty-three, shall not exceed one hundred twenty-five\ndollars per week, that occurs (3) on or after July first, nineteen\nhundred eighty-four, shall not exceed one hundred thirty-five dollars\nper week, that occurs (4) on or after July first, nineteen hundred\neighty-five, shall not exceed one hundred fifty dollars per week, that\noccurs (5) on or after July first, nineteen hundred ninety, shall not\nexceed two hundred eighty dollars per week; nor be less than twenty\ndollars per week; except that if the employee's wages at the time of\ninjury are less than twenty dollars per week, he or she shall receive\nhis or her full weekly wages. In no event shall compensation when\ncombined with decreased earnings or earning capacity exceed the amount\nof wages which the employee was receiving at the time the injury\noccurred. Compensation for permanent or temporary partial disability, or\nfor permanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs (1) on or\nafter July first, nineteen hundred ninety-one and prior to July first,\nnineteen hundred ninety-two, shall not exceed three hundred fifty\ndollars per week; (2) on or after July first, nineteen hundred\nninety-two, shall not exceed four hundred dollars per week; nor be less\nthan forty dollars per week except that if the employee's wages at the\ntime of injury are less than forty dollars per week, the employee shall\nreceive his or her full wages. Compensation for permanent or temporary\npartial disability, or for permanent or temporary total disability due\nto an accident or disablement resulting from an occupational disease\nthat occurs (1) on or after July first, two thousand seven shall not\nexceed five hundred dollars per week, (2) on or after July first, two\nthousand eight shall not exceed five hundred fifty dollars per week, (3)\non or after July first, two thousand nine shall not exceed six hundred\ndollars per week, and (4) on or after July first, two thousand ten, and\non or after July first of each succeeding year, shall not exceed\ntwo-thirds of the New York state average weekly wage for the year in\nwhich it is reported. Compensation for permanent or temporary partial\ndisability, or for permanent or temporary total disability due to an\naccident or disablement resulting from an occupational disease that\noccurs on or after July first, two thousand seven shall not be less than\none hundred dollars per week except that if the employee's wages at the\ntime of injury are less than one hundred dollars per week, the employee\nshall receive his or her full wages. Compensation for permanent or\ntemporary partial disability, or for permanent or temporary total\ndisability due to an accident or disablement resulting from an\noccupational disease that occurs on or after May first, two thousand\nthirteen shall not be less than one hundred fifty dollars per week\nexcept that if the employee's wages at the time of injury are less than\none hundred fifty dollars per week, the employee shall receive his or\nher full wages. Compensation for permanent or temporary partial\ndisability, or for permanent or temporary total disability due to an\naccident or disablement resulting from an occupational disease that\noccurs on or after January first, two thousand twenty-four and before\nJanuary first, two thousand twenty-five shall not be less than two\nhundred seventy-five dollars per week except that if the employee's\nwages at the time of injury are less than two hundred seventy-five\ndollars per week, the employee shall receive his or her full wages.\nCompensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter January first, two thousand twenty-five and before July first, two\nthousand twenty-six shall not be less than three hundred twenty-five\ndollars per week except that if the employee's wages at the time of\ninjury are less than three hundred twenty-five dollars per week, the\nemployee shall receive his or her full wages. Compensation for permanent\nor temporary partial disability, or for permanent or temporary total\ndisability due to an accident or disablement resulting from an\noccupational disease that occurs on or after July first, two thousand\ntwenty-six and on or after July first of each succeeding year shall not\nbe less than one-fifth of the New York state average weekly wage for the\nyear in which it is reported except that if the employee's weekly wages\nare equal to or less than one-fifth of the New York state average weekly\nwage for the year in which it is reported, the employee shall receive\nhis or her full wages. In no event shall compensation when combined with\ndecreased earnings or earning capacity exceed the amount of wages the\nemployee was receiving at the time the injury occurred. Compensation for\npermanent or temporary partial disability, or for permanent or temporary\ntotal disability due to an accident or disablement resulting from an\noccupational disease or injury that occurred as a result of World Trade\nCenter rescue activity by an employee of a private voluntary hospital,\nwho passed a physical examination upon employment as a rescue worker\nthat failed to reveal evidence of a condition that was the proximate\ncause of disablement or occupational disease or injury, shall not exceed\nthree-quarters of a claimant's wage on September eleventh, two thousand\none. In no event shall compensation when combined with decreased\nearnings or earning capacity exceed the amount of wages the employee was\nreceiving on September eleventh, two thousand one.\n (b) Compensation for temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred seventy-four, and prior to July\nfirst, nineteen hundred seventy-eight, shall not exceed one hundred\ntwenty-five dollars per week nor be less than thirty dollars per week;\nexcept that if the employee's wages at the time of injury are less than\nthirty dollars per week, he shall receive his full weekly wages.\nCompensation for permanent total disability or for permanent or\ntemporary partial disability due to an accident or disablement resulting\nfrom an occupational disease that occurs on or after July first,\nnineteen hundred seventy-four, and prior to January first, nineteen\nhundred seventy-eight, shall not exceed ninety-five dollars per week;\nnor be less than twenty dollars per week; except that if the employee's\nwages at the time of injury are less than twenty dollars per week, he\nshall receive his full weekly wages. In no event shall compensation when\ncombined with decreased earnings or earning capacity exceed the amount\nof wages which the employee was receiving at the time the injury\noccurred.\n (c) Compensation for temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred seventy and prior to July first,\nnineteen hundred seventy-four, shall not exceed ninety-five dollars per\nweek nor be less than thirty dollars per week; except that if the\nemployee's wages at the time of injury are less than thirty dollars per\nweek, he shall receive his full weekly wages. Compensation for permanent\ntotal disability or for permanent or temporary partial disability due to\nan accident or disablement resulting from an occupational disease that\noccurs on or after July first, nineteen hundred seventy and prior to\nJuly first, nineteen hundred seventy-four, shall not exceed eighty\ndollars per week; nor be less than twenty dollars per week; except that\nif the employee's wages at the time of injury are less than twenty\ndollars per week, he shall receive his full weekly wages. In no event\nshall compensation when combined with decreased earnings or earning\ncapacity exceed the amount of wages which the employee was receiving at\nthe time the injury occurred.\n (d) Compensation for temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred sixty-eight, and prior to July first,\nnineteen hundred seventy, shall not exceed eighty-five dollars per week\nnor be less than thirty dollars per week; except that if the employee's\nwages at the time of injury are less than thirty dollars per week, he\nshall receive his full weekly wages. Compensation for permanent total\ndisability or for permanent or temporary partial disability due to an\naccident or disablement resulting from an occupational disease that\noccurs on or after July first, nineteen hundred sixty-eight, and prior\nto July first, nineteen hundred seventy, shall not exceed seventy\ndollars per week; nor be less than twenty dollars per week; except that\nif the employee's wages at the time of injury are less than twenty\ndollars per week, he shall receive his full weekly wages. In no event\nshall compensation when combined with decreased earnings or earning\ncapacity exceed the amount of wages which the employee was receiving at\nthe time the injury occurred.\n (e) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred sixty-five, and prior to July first,\nnineteen hundred sixty-eight, shall not exceed sixty dollars per week;\nnor be less than twenty dollars per week; except that if the employee's\nwages at the time of injury are less than twenty dollars per week, he\nshall receive his full weekly wages. In no event shall compensation when\ncombined with decreased earnings or earning capacity exceed the amount\nof wages which the employee was receiving at the time the injury\noccurred.\n (f) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred sixty-two and prior to July first\nnineteen hundred sixty-five, shall not exceed fifty-five dollars per\nweek; nor be less than twenty dollars per week; except that if the\nemployee's wages at the time of injury are less than twenty dollars per\nweek, he shall receive his full weekly wages. In no event shall\ncompensation when combined with decreased earnings or earning capacity\nexceed the amount of wages which the employee was receiving at the time\nthe injury occurred.\n (g) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred sixty and prior to July first,\nnineteen hundred sixty-two, shall not exceed fifty dollars per week; nor\nbe less than twenty dollars per week, except that if the employee's\nwages at the time of injury are less than twenty dollars per week, he\nshall receive his full weekly wages. In no event shall compensation when\ncombined with decreased earnings or earning capacity exceed the amount\nof wages which the employee was receiving at the time the injury\noccurred.\n (h) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred fifty-eight and prior to July first,\nnineteen hundred sixty, shall not exceed forty-five dollars per week;\nnor, except in cases of permanent total disability, be less than twenty\ndollars per week; except that if the employee's wages at the time of\ninjury are less than twenty dollars per week, he shall receive his full\nweekly wages; further provided, that in each case of permanent total\ndisability minimum compensation shall not be less than twenty dollars\nper week, except that where the employee's wages at the time of injury\nare less than twenty dollars per week he shall receive his full weekly\nwages. In no event shall compensation when combined with decreased\nearnings or earning capacity exceed the amount of wages which the\nemployee was receiving at the time the injury occurred.\n (i) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred fifty-four and prior to July first,\nnineteen hundred fifty-eight, shall not exceed thirty-six dollars per\nweek; nor, except in cases of permanent total disability, be less than\ntwelve dollars per week; except that if the employee's wages at the time\nof injury are less than twelve dollars per week, he shall receive his\nfull weekly wages; further provided, that in each case of permanent\ntotal disability minimum compensation shall not be less than fifteen\ndollars per week, except that where the employee's wages at the time of\ninjury are less than fifteen dollars per week he shall receive his full\nweekly wages. In no event shall compensation when combined with\ndecreased earnings or earning capacity exceed the amount of wages which\nthe employee was receiving at the time the injury occurred.\n (j) Compensation for permanent or temporary partial disability, or for\npermanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter July first, nineteen hundred forty-eight and prior to July first,\nnineteen hundred fifty-four, shall not exceed thirty-two dollars per\nweek and compensation for permanent or temporary partial disability, or\nfor permanent or temporary total disability due to an accident or\ndisablement resulting from an occupational disease that occurs on or\nafter June first, nineteen hundred forty-six, and prior to July first,\nnineteen hundred forty-eight, shall not exceed twenty-eight dollars per\nweek; nor, except in cases of permanent total disability, be less than\ntwelve dollars per week; except that if the employee's wages at the time\nof injury are less than twelve dollars per week, he shall receive his\nfull weekly wages; further provided, that in each case of permanent\ntotal disability minimum compensation shall not be less than fifteen\ndollars per week, except that where the employee's wages at the time of\ninjury are less than fifteen dollars per week, he shall receive his full\nweekly wages but in no event shall compensation when combined with\ndecreased earnings or earning capacity exceed the amount of wages which\nthe employee was receiving at the time the injury occurred; further\nprovided, that compensation may be in excess of twenty-five dollars but\nshall not exceed twenty-eight dollars per week for permanent or\ntemporary total disability due to an accident or disablement resulting\nfrom an occupational disease that occurred on or after June first,\nnineteen hundred forty-four, and prior to July first, nineteen hundred\nforty-eight, and in each case of temporary total disability minimum\ncompensation shall not be less than twelve dollars per week, except that\nwhere the employee's wages at the time of injury are less than twelve\ndollars per week, he shall receive his full weekly wages; and further\nprovided that, because of existing conditions due to the war\ncompensation for permanent or temporary total disability may be in\nexcess of twenty-five dollars but shall not exceed twenty-eight dollars\nper week for any period of disability arising out of claims accruing\nduring the three year period commencing June first, nineteen hundred\nforty-four.\n 6-a. Reclassification of disabilities. Subject to the limitations set\nforth in sections twenty-five-a and one hundred twenty-three of this\nchapter, the board may, at any time, without regard to the date of\naccident, upon its own motion, or on application of any party in\ninterest, reclassify a disability upon proof that there has been a\nchange in condition, or that the previous classification was erroneous\nand not in the interest of justice.\n 7. Previous disability. The fact that an employee has suffered\nprevious disability or received compensation therefor shall not preclude\nhim from compensation for a later injury nor preclude compensation for\ndeath resulting therefrom; but in determining compensation for the later\ninjury or death his average weekly wages shall be such sum as will\nreasonably represent his earning capacity at the time of the later\ninjury, provided, however, that an employee who is suffering from a\nprevious disability shall not receive compensation for a later injury in\nexcess of the compensation allowed for such injury when considered by\nitself and not in conjunction with the previous disability except as\nhereinafter provided in subdivision eight of this section.\n 8. Disability following previous permanent physical impairment. (a)\nDeclaration of policy and legislative intent. As a guide to the\ninterpretation and application of this subdivision, the policy and\nintent of this legislature is declared to be as follows:\n First: That every person in this state who works for a living is\nentitled to reasonable opportunity to maintain his independence and\nself-respect through self-support even after he/she has been physically\nhandicapped by injury or disease;\n Second: That any plan which will reasonably, equitably and practically\noperate to break down hindrances and remove obstacles to the employment\nof partially disabled persons who (i) are honorably discharged from our\narmed forces, or (ii) have a qualifying condition, as defined in section\none of the veterans' services law, and received a discharge other than\nbad conduct or dishonorable from such service, or (iii) are discharged\nLGBT veterans, as defined in section one of the veterans' services law,\nand received a discharge other than bad conduct or dishonorable from\nsuch service, or any other physically handicapped persons, is of vital\nimportance to the state and its people and is of concern to this\nlegislature;\n Third: That it is the considered judgment of this legislature that the\nsystem embodied in this subdivision, which makes a logical and equitable\nadjustment of the liability under the workers' compensation law which an\nemployer must assume in hiring employees, constitutes a practical and\nreasonable approach to a solution of the problem for the employment of\nphysically handicapped persons.\n Moreover, because of the insidious nature of slowly developing\ndiseases such as silicosis and other dust diseases and because of the\nreluctance on the part of employers to employ persons previously exposed\nto silica or other harmful dust, means should also be provided whereby\nemployers will be encouraged to employ and to continue the employment of\nsuch persons, by apportioning liability fairly between the employer and\nindustry as a whole without at the same time removing any incentive for\nthe prevention of harmful dust diseases.\n (b) Definition. As used in this subdivision, "permanent physical\nimpairment" means any permanent condition due to previous accident or\ndisease or any congenital condition which is or is likely to be a\nhindrance or obstacle to employment.\n (c) Permanent total disability after permanent partial disability.\nNotwithstanding the provisions of paragraph (d) of this subdivision, if\nan employee who has previously incurred permanent partial disability\nthrough the loss of one hand, one arm, one foot, one leg, or one eye,\nincurs permanent total disability through the loss of another member or\norgan, he/she shall be paid, in addition to the compensation for\npermanent partial disability provided in this section and after the\ncessation of the payments for the prescribed period of weeks special\nadditional compensation during the continuance of such total disability\nto the amount of sixty-six and two-thirds per centum of the average\nweekly wage earned by him/her at the time the total permanent disability\nwas incurred. If such employee shall establish an earning capacity by\nemployment he shall be paid during the period of such employment,\ninstead of the additional compensation above provided, two-thirds of the\ndifference between his average weekly wages at the time the total\ndisability was incurred and his wage earning capacity as determined by\nhis actual earnings in such employment, subject to the limitations in\nsubdivision six of this section. Such additional compensation, and\nexpense as in this subdivision provided, shall be paid out of the\nspecial disability fund and in the manner as hereinafter in this\nsubdivision provided.\n (d) If an employee of an employer who has secured the payment of\ncompensation as required under the provisions of section fifty of this\nchapter, who had a total or partial loss or loss of use of one hand, one\narm, one foot, one leg or one eye, or who has other permanent physical\nimpairment incurs a subsequent disability by accident arising out of and\nin the course of his employment or an occupational disease arising\ntherefrom, resulting in a permanent disability caused by both conditions\nthat is materially and substantially greater than that which would have\nresulted from the subsequent injury or occupational disease alone, the\nemployer or his insurance carrier shall in the first instance pay all\nawards of compensation and all medical expense provided by this chapter,\nbut such employer or his insurance carrier, except as specifically\nprovided in paragraph (ee) of this subdivision, shall be reimbursed from\nthe special disability fund created by this subdivision for all\ncompensation and medical benefits subsequent to those payable for the\nfirst one hundred four weeks of disability for claims where the date of\naccident or date of disablement occurred prior to August first, nineteen\nhundred ninety-four, and two hundred sixty weeks of disability for\nclaims where the date of accident or date of disablement occurred on or\nafter August first, nineteen hundred ninety-four, regardless of\nknowledge on the part of the employer as to the existence of such\npre-existing permanent physical impairment.\n Notwithstanding anything to the contrary in this chapter, there may be\napportionment of liability for the special disability fund under this\nsubdivision within a single claim by disposition between the fund,\ncarriers, self-insurers or employers.\n (e) If the subsequent injury of such an employee resulting from an\naccident arising out of and in the course of his employment or an\noccupational disease resulting therefrom, as set forth in paragraph (d)\nof this subdivision, shall result in the death of the employee and it\nshall be determined that either the injury or death would not have\noccurred except for such pre-existing permanent physical impairment, the\nemployer or his insurance carrier shall in the first instance pay the\nfuneral expenses and the death benefits prescribed by this chapter, but\nhe or his insurance carrier, except as specifically provided in\nparagraph (ee) of this subdivision, shall be reimbursed from the special\ndisability fund created by this subdivision for all death benefits\npayable in excess of one hundred four weeks of disability for claims\nwhere the date of accident or date of disablement occurred prior to\nAugust first, nineteen hundred ninety-four, and two hundred sixty weeks\nof disability for claims where the date of accident or date of\ndisablement occurred on or after August first, nineteen hundred\nninety-four, regardless of knowledge on the part of the employer as to\nthe existence of such pre-existing permanent physical impairment.\n (ee) If an employee of an employer who has secured the payment of\ncompensation as required under the provisions of section fifty of this\nchapter is disabled from silicosis or other dust disease, or in the\nevent of death, death was due to silicosis or other dust disease, and if\nsuch an employee has been subject to an injurious exposure in an\nemployment defined under paragraph twenty-nine of subdivision two of\nsection three of this chapter, the provisions of this subdivision shall\napply except as hereinafter stated; and it shall not be required that\nthe employee had, either at the time of hiring or during the employment,\nany previous physical condition or disability which may result in such\ndisability or death. In all such cases the employer or his insurance\ncarrier shall in the first instance pay all awards of compensation and\nall medical expense provided by this chapter; and in the event of death,\nthe employer or his insurance carrier shall also in the first instance\npay the funeral expenses and the death benefits prescribed by this\nchapter; but such employer or his insurance carrier shall subject to the\nlimitations of subparagraphs two and three of paragraph (h) of this\nsubdivision be reimbursed from the special disability fund created by\nthis subdivision for all compensation and medical benefits subsequent to\nthose payable for the first one hundred four weeks of disability for\nclaims where the date of accident or date of disablement occurred prior\nto August first, nineteen hundred ninety-four, and two hundred sixty\nweeks of disability for claims where the date of accident or date of\ndisablement occurred on or after August first, nineteen hundred\nninety-four, and, in the event of death, the employer or his insurance\ncarrier shall be reimbursed from the special disability fund created by\nthis subdivision for all death benefits payable in excess of one hundred\nfour weeks for claims where the date of accident or date of disablement\noccurred prior to August first, nineteen hundred ninety-four, and two\nhundred sixty weeks for claims where the date of accident or date of\ndisablement occurred on or after August first, nineteen hundred\nninety-four; provided, however, that when total disability or death\noccurred after July first, nineteen hundred forty-seven, and prior to\nJuly first, nineteen hundred seventy-four, the employer or his insurance\ncarrier shall be reimbursed from the special disability fund created by\nthis subdivision for all compensation and medical benefits including\nfuneral expenses and death benefits subsequent to those payable for the\nfirst two hundred sixty weeks of disability and death benefits combined;\nand further provided, however, that in the event of death due to\nsilicosis or other dust disease on or after July first, nineteen hundred\nforty-seven, of such an employee who shall have been totally disabled\nfrom silicosis or other dust disease prior to such date, the employer or\nhis insurance carrier shall be reimbursed from the special disability\nfund created by this subdivision for death benefits subsequent to those\npayable for the first one hundred four weeks.\n The compensation of an employee who has heretofore been found to be\ntotally and permanently disabled from silicosis or other dust disease\nand whose disablement occurred prior to July first, nineteen hundred\nforty-seven, shall be continued or resumed, as the case may be, after\nJune first, nineteen hundred fifty-one, and payments shall be made\nduring continuance of such disability at his/her regular weekly rate,\nnotwithstanding the fact that such compensation is in excess of the\nmaximum provided for his/her case under former article four-a of this\nchapter; but such compensation in excess of the maximum so provided\nshall be paid from the special fund created by this subdivision.\n (f) Any award under this subdivision shall be made against the\nemployer or his or her insurance carrier, but if such employer or\ninsurance carrier be entitled to reimbursement as provided in this\nsubdivision, notice or claim of the right to such reimbursement shall be\nfiled with the board in writing prior to the final determination that\nthe resulting disability is permanent, but in no case more than one\nhundred four weeks after the date of disability or death or fifty-two\nweeks after the date that a claim for compensation is filed with the\nchair, whichever is later, or in the event of the reopening of a case\ntheretofore closed, no later than the determination of permanency upon\nsuch reopening. In no event shall such a notice of claim be filed beyond\nthe dates set forth in subparagraph two of paragraph (h) of this\nsubdivision.\n The employer or his or her insurance carrier shall in the first\ninstance make the payments of compensation and medical expenses provided\nby this subdivision. Whenever for any reason payments are not made by\nthe employer or his or her insurance carrier at any time after the\npayments have been made for the first one hundred four weeks for claims\nwhere the date of accident or date of disablement occurred prior to\nAugust first, nineteen hundred ninety-four, and two hundred sixty weeks\nfor claims where the date of accident or date of disablement occurred on\nor after August first, nineteen hundred ninety-four, the payments of\nsubsequent compensation and medical expenses shall be made out of the\nspecial disability fund by the commissioner of taxation and finance upon\nvouchers approved by the chair of the workers' compensation board. In\ncase any payments prior to the expiration of the first one hundred four\nweeks for claims where the date of accident or date of disablement\noccurred prior to August first, nineteen hundred ninety-four, and two\nhundred sixty weeks for claims where the date of accident or date of\ndisablement occurred on or after August first, nineteen hundred\nninety-four are not made by the employer or his or her insurance carrier\nby reason of the insolvency of such carrier, the payments until the\nexpiration of one hundred four weeks for claims where the date of\naccident or date of disablement occurred prior to August first, nineteen\nhundred ninety-four, and two hundred sixty weeks for claims where the\ndate of accident or date of disablement occurred on or after August\nfirst, nineteen hundred ninety-four shall be made out of the stock\nworkers' compensation security fund created by the provisions of section\none hundred seven of this chapter if the insolvent carrier be a stock\ncompany, or out of the mutual workers' compensation security fund\ncreated under the provisions of section one hundred nine-d of this\nchapter if the carrier be a mutual company. If any such payments are not\nmade by an employer permitted to secure the payment of compensation\npursuant to the provisions of subdivision three of section fifty of this\nchapter, the payments shall be made out of the proceeds of the sale of\nany securities deposited by the employer with the chair, upon vouchers\napproved by the chair, until such payments have been made for one\nhundred four weeks for claims where the date of accident or date of\ndisablement occurred prior to August first, nineteen hundred\nninety-four, and two hundred sixty weeks for claims where the date of\naccident or date of disablement occurred on or after August first,\nnineteen hundred ninety-four, from the date of disability, after which\ndate they shall be made out of the special disability fund in the manner\nabove provided.\n In all cases in which awards have been made and charged against the\nspecial fund or injuries have occurred which would require payments to\nbe made in accordance with the provisions of former subdivision eight of\nthis section as it existed immediately prior to the time this\nsubdivision, as hereby added, takes effect, the compensation so awarded\nor that shall be awarded in such cases shall continue to be paid out of\nthe special disability fund by the commissioner of taxation and finance\nupon vouchers approved by the chair of the workers' compensation board,\nas though this subdivision had not been enacted.\n (g) Upon the making of a determination that an employer or insurance\ncarrier is entitled to reimbursement from the special disability fund in\nany case where the employer or insurance carrier has made payment into\nthe aggregate trust fund, as provided in section twenty-seven of this\nchapter, or where payment of compensation has been commuted into one or\nmore lump sum payments, the employer or insurance carrier shall be\nreimbursed forthwith for the sums paid in excess of those payable for\none hundred four weeks for claims where the date of accident or date of\ndisablement occurred prior to August first, nineteen hundred\nninety-four, two hundred sixty weeks for claims where the date of\naccident or date of disablement occurred on or after August first,\nnineteen hundred ninety-four or two hundred sixty weeks in a silicosis\nor other dust disease case as otherwise provided in paragraph (ee) of\nthis subdivision, exclusive of administrative and loading charges paid\npursuant to section twenty-seven, in accordance with the decision and\norder of the board. In all other cases such employer or insurance\ncarrier shall, periodically every six months from the decision and order\nof the board, be reimbursed from such special disability fund for all\ncompensation and medical expense in accordance with the provisions of\nparagraph (f) of this subdivision.\n (h) Special disability fund. (1) The fund heretofore maintained and\nprovided for by and pursuant to former subdivision eight of this\nsection, is hereby continued and shall retain the liabilities heretofore\ncharged or chargeable thereto under the provisions of such former\nsubdivision eight of this section as it existed immediately prior to the\ntime this subdivision, as hereby added, takes effect, and the\nliabilities chargeable thereto under the provisions of former\nsubdivision eight-a of this section as added by chapter seven hundred\nforty-nine of the laws of nineteen hundred forty-four and repealed at\nthe same time this subdivision, as heretofore added, takes effect, and\npayments therefrom on account of such liabilities shall continue to be\nmade as provided herein. The said fund shall be known as the special\ndisability fund and shall be available only for the purposes stated in\nthis subdivision, and the assets thereof shall not at any time be\nappropriated or diverted to any other use or purpose.\n (2) (A) No carrier or employer, or the state insurance fund, may file\na claim for reimbursement from the special disability fund, for an\ninjury or illness with a date of accident or date of disablement on or\nafter July first, two thousand seven. No carrier or employer, or the\nstate insurance fund, may file a claim for reimbursement from the\nspecial disability fund after July first, two thousand ten, and no\nwritten submissions or evidence in support of such a claim may be\nsubmitted after that date.\n (B) All requests for reimbursement from the special disability fund\nwith a date of injury or date of disablement prior to July first, two\nthousand seven as to which the board has determined that the special\ndisability fund is liable must be submitted to the special disability\nfund by the later of (i) one year after the expense has been paid, or\n(ii) one year from the effective date of this paragraph.\n (3) Effective the first day of January, two thousand fourteen, and\nannually thereafter, the chair of the board shall collect from all\naffected employers (A) a sum equal to one hundred fifty per centum of\nthe total expected disbursements made from the special disability fund\nduring the year (not including any disbursements made on account of\nanticipated liabilities or waiver agreements funded by bond proceeds and\nrelated earnings), less the estimated amount of the net assets in such\nfund expected as of December thirty-first and (B) a sum sufficient to\ncover debt service, and associated costs (the "debt service assessment")\nto be paid during the calendar year by the dormitory authority, as\ncalculated in accordance with subparagraph four of this paragraph. Such\nassessments shall be included in the assessment rate established\npursuant to subdivision two of section one hundred fifty-one of this\nchapter. Such assessments shall be deposited with the commissioner of\ntaxation and finance and transferred to the benefit of such fund\nfollowing payment of debt service and associated costs, if any, pursuant\nto section one hundred fifty-one of this chapter.\n (4) The chair and the commissioner of taxation and finance are\nauthorized and directed to enter into a financing agreement with the\ndormitory authority, to be known as the "special disability fund\nfinancing agreement." Such agreement shall set forth the process for\ncalculating the annual debt service of the bonds issued by the dormitory\nauthority and any other associated costs. For purposes of this section,\n"associated costs" may include a coverage factor, reserve fund\nrequirements, all costs of any nature incurred by the dormitory\nauthority in connection with the special disability fund financing\nagreement or pursuant thereto, the operating costs of the waiver\nagreement management office, the costs of any independent audits\nundertaken under this section, and any other costs for the\nimplementation of this subparagraph and the issuance of bonds by the\ndormitory authority, including interest rate exchange payments, rebate\npayments, liquidity fees, credit provider fees, fiduciary fees,\nremarketing, dealer, auction agent and related fees and other similar\nbond-related expenses, unless otherwise funded. By January first of each\nyear, the dormitory authority shall provide to the chair the calculation\nof the amount expected to be paid by the dormitory authority in debt\nservice and associated costs for purposes of calculating the debt\nservice assessment as set forth in subparagraph three of this paragraph.\nAll monies received on account of any assessment under subparagraph\nthree of this paragraph and this subparagraph shall be applied in\naccordance with this subparagraph and in accordance with the financing\nagreement until the financial obligations of the dormitory authority in\nrespect to its contract with its bondholders are met and all associated\ncosts payable to the dormitory authority have been paid, notwithstanding\nany other provision of law respecting secured transactions. This\nprovision may be included by the dormitory authority in any contract of\nthe dormitory authority with its bondholders.\n The special disability fund financing agreement may restrict\ndisbursements, investments, or rebates, and may prescribe a system of\naccounts applicable to the special disability fund, including custody of\nan account with a trust indenture trustee that may be prescribed by the\ndormitory authority as part of its contract with the bondholders. For\npurposes of this paragraph, the term "bonds" shall include notes issued\nin anticipation of the issuance of bonds, or notes issued pursuant to a\ncommercial paper program.\n (5) The commissioner of taxation and finance is hereby authorized to\nreceive and credit to such special disability fund any sum or sums that\nmay at any time be contributed to the state by the United States of\nAmerica under any act of congress, or otherwise, to which the state may\nbe or become entitled by reason of any payments made out of such fund.\n (6) The commissioner of taxation and finance shall be the custodian of\nsaid fund and, unless otherwise provided for in the special disability\nfund financing agreement, shall invest any surplus or reserve moneys\nthereof in securities which constitute legal investments for savings\nbanks under the laws of this state and in interest bearing certificates\nof deposit of a bank or trust company located and authorized to do\nbusiness in this state or of a national bank located in this state\nsecured by a pledge of direct obligations of the United States or of the\nstate of New York in an amount equal to the amount of such certificates\nof deposit, and may sell any of the securities or certificates of\ndeposit in which such fund is invested if necessary for the proper\nadministration or in the best interest of such fund. Disbursements from\nsuch fund as provided by this subdivision shall be made by the\ncommissioner of taxation and finance upon vouchers signed by the chair\nof the board unless the financing agreement provides for some other\nmeans of authorizing such disbursements that is no less protective of\nthe fund.\n The commissioner of taxation and finance, as custodian of such fund,\nannually as soon as practicable after January first, shall furnish to\nthe chair of the workers' compensation board a statement of the fund,\nsetting forth the balance of moneys in the said fund as of the beginning\nof the calendar year, the income of the fund, the summary of payments\nout of the fund on account of reimbursements and other charges ordered\nto be paid by the board, and all other charges against the fund, and\nsetting forth the balance of the fund remaining to its credit on\nDecember thirty-first. Such statement shall be open to public inspection\nin the office of the secretary of the board. The chair, not less than\nninety days after the issuance of the dormitory authority's annual\naudit, shall furnish to the temporary president of the senate and the\nspeaker of the assembly the following reports on the special disability\nfund: a revenue and operating expense statement; a financing plan; a\nreport concerning the assets and liabilities; the number of waiver\nagreements entered into by the waiver agreement management office; the\nnumber of claimants remaining in the fund; the estimated current\nunfunded liability of the fund with respect to such claims; and a debt\nissuance report including but not limited to (i) pledged assessment\nrevenue and securitization coverage, (ii) debt service maturities, (iii)\ninterest rate exchange or similar agreements, and (iv) financing and\nissuance costs.\n The commissioner of taxation and finance may establish within the\nspecial disability fund such accounts and sub-accounts as he or she\ndeems useful for the operation of the fund, or as necessary to segregate\nmoneys within the fund, subject to the provisions of the financing\nagreement. The waiver agreement management office, as defined in section\nthirty-two of this article, shall make application to the chair on a\nquarterly basis for any administrative costs incurred by the office.\n (i) When an application for apportionment of compensation is made\nunder this subdivision, the chair of the workers' compensation board\nshall appoint an attorney to represent and defend such fund in such\nproceedings. Such attorney shall thereafter be given notice of all\nproceedings involving the rights or obligations of such fund. Such\nattorney may apply to the chair of the board for authority to hire such\nmedical and other experts and to defray the expense thereof and of such\nwitnesses as may be necessary to a proper defense of any claim, within\nan amount in the discretion of the chair and, if authorized, such amount\nshall be a charge against such special disability fund.\n The provisions of this chapter with respect to procedure, except as\nmay be otherwise provided in this subdivision, and the right of appeal\nshall be preserved to the claimant and to the employer or his insurance\ncarrier and to such fund through its attorney as herein provided.\n (j) The provisions of this subdivision, except as herein otherwise\nprovided, shall not be applicable to any case where the accident causing\nthe subsequent injury or death or the disablement or death from a\nsubsequent occupational disease shall have occurred prior to the time\nthis subdivision, as hereby added, takes effect, provided, however, that\nany rights that have accrued under former subdivision eight or eight-a\nof this section prior to the time this subdivision, as hereby added,\ntakes effect shall continue to inure to the benefit of any persons\naffected thereby as though such subdivisions had not been repealed.\n (k) The additional compensation required to be paid by an employer in\nthe case of the injury of a minor illegally employed, in accordance with\nthe provisions of subdivisions one and two of section fourteen-a of this\nchapter, shall not be reimbursable under the provisions of this\nsubdivision.\n (l) Notwithstanding anything to the contrary in this subdivision, when\nan employer or carrier shall have paid additional benefits to an\nemployee pursuant to subdivision six of section fourteen of this article\nas a result of the employee's increased average weekly wages from wages\nearned in concurrent employment, reimbursement for all such additional\nbenefits shall be made to the employer or carrier from the special\ndisability fund created by this subdivision. It shall not be required\nthat the employee had, either at the time of hiring or during the\nemployment, any previous physical condition or disability, nor shall it\nbe required that the employee's disability be permanent in nature.\nNotice of the right to reimbursement shall be filed with the board in\nwriting prior to the decision making an award, and reimbursement shall\nbe made periodically, every six months from the decision of the board.\n 9. Expenses for rehabilitating injured employees. An employee, who as\na result of injury is or may be expected to be totally or partially\nincapacitated for a remunerative occupation and who, under the direction\nof the state education department is being rendered fit to engage in a\nremunerative occupation, may receive additional compensation necessary\nfor his rehabilitation, not more than thirty dollars per week of which\nmay be expended for maintenance. Such expense and such of the\nadministrative expenses of the state education department as are\nproperly assignable to the expenses of rehabilitating employees entitled\nto compensation as a result of injuries under this chapter, shall be\npaid out of a special fund created in the following manner: The\nemployer, or if insured, his insurance carrier, shall pay into the\nvocational rehabilitation fund for every case of injury causing death,\nin which there are no persons entitled to compensation, the sum of five\nhundred dollars where such injury occurred prior to July first, nineteen\nhundred sixty-three and the sum of one thousand dollars where such\ninjury shall occur on or after July first, nineteen hundred sixty-three\nand the sum of two thousand dollars where such injury shall occur on or\nafter September first, nineteen hundred seventy-eight. The commissioner\nof taxation and finance and the state comptroller shall be the joint\ncustodians of this special fund and may invest any surplus moneys\nthereof in securities which constitute legal investments for savings\nbanks under the laws of this state and in interest bearing certificates\nof deposit of a bank or trust company located and authorized to do\nbusiness in this state or of a national bank located in this state\nsecured by a pledge of direct obligations of the United States or of the\nstate of New York in an amount equal to the amount of such certificates\nof deposit. He may also sell any of the securities or certificates of\ndeposit in which such fund is invested if necessary for the proper\nadministration or in the best interests of such fund. The provisions of\nthis paragraph shall not apply with respect to policies containing\ncoverage pursuant to subdivision four-a of section one hundred\nsixty-seven of the insurance law relating to every policy providing\ncomprehensive personal liability insurance on a one, two, three or four\nfamily owner-occupied dwelling.\n Disbursements from the vocational rehabilitation fund for the\nadditional compensation provided for by this section shall be paid by\nthe commissioner of taxation and finance on warrants drawn by the state\ncomptroller upon vouchers signed by the commissioner of education or the\ndeputy commissioner of education provided that the compensation claim\nnumber of an injured employee undergoing vocational rehabilitation has\nbeen verified by the chairman.\n Disbursements from the vocational rehabilitation fund for\nadministrative expenses of the state education department shall be paid\nby the commissioner of taxation and finance on warrants drawn by the\nstate comptroller upon vouchers signed by the commissioner of education\nor the deputy commissioner of education.\n