NY Vol Amb Work Ben L § 10 (2021)
2021 New York Laws VAW - Volunteer Ambulance Workers' Benefit Article 2 - Coverage and Benefits 10 - Permanent Partial Disability Benefits.

§ 10. Permanent  partial  disability  benefits.  1.  In  the  case  of disability partial in character, but permanent in quality, the volunteer ambulance worker, injured in the line of duty shall be paid one  hundred fifty   dollars   for  each  week  for  the  period  specified  in  this subdivision, provided, however, that when the volunteer ambulance worker is injured in the line of duty on or after the effective  date  of  this chapter  to  and  including June thirtieth, nineteen hundred ninety, and provided further that when the volunteer ambulance worker is injured  in the  line of duty on or after July first, nineteen hundred ninety to and including June thirtieth,  nineteen  hundred  ninety-one  such  payments shall  be two hundred eighty dollars for each week, and provided further that when the volunteer ambulance worker is injured in the line of  duty on  or  after  July  first, nineteen hundred ninety-one to and including June thirtieth, nineteen hundred ninety-two such payments shall be three hundred fifty dollars for each week; and provided further that when  the volunteer  ambulance  worker  is injured in the line of duty on or after July first, nineteen hundred ninety-two  such  payments  shall  be  four hundred dollars for each week as follows:   a. Loss of member.   Member lost                                          Number of weeks       Arm  ....................................................  312       Leg  ....................................................  288       Hand  ...................................................  244       Foot  ...................................................  205       Eye  ....................................................  160       Thumb  ..................................................   75       First finger  ...........................................   46       Great toe  ..............................................   38       Second finger  ..........................................   30       Third finger  ...........................................   25       Toe other than great toe  ...............................   16       Fourth finger  ..........................................   15 If  more than one phalange of a digit shall be lost, the period shall be the same as for the loss of the entire digit. If only the first phalange shall be lost, the period shall be one-half the period for loss  of  the entire  digit. The period for loss or loss of use of two or more digits, or one or more phalanges of two or more digits, of a hand or  foot,  may be  proportioned  to  the period for the loss of use of the hand or foot occasioned thereby, but shall not exceed the period for the  loss  of  a hand  or foot. If an arm or leg shall be amputated at or above the wrist or ankle, the period for such loss shall be in proportion to the  period for  the loss of the arm or leg. In the case of loss of binocular vision or of eighty per centum or more of the vision  of  an  eye,  the  period shall be the same as for the loss of the eye.   b. Loss of hearing. In the case of the complete loss of the hearing of one  ear, sixty weeks; for the loss of hearing of both ears, one hundred fifty weeks.   c. Total loss of use. In the case of permanent total loss of use of  a member,  the  compensation  shall  be  the  same  as for the loss of the member.   d. Partial loss or partial loss of use. Except as  above  provided  in this  subdivision,  in the case of permanent partial loss or loss of use of a member, the period shall be for the proportionate loss or  loss  of use  of the member. Compensation for permanent partial loss of use of an eye shall be awarded on the basis  of  uncorrected  loss  of  vision  or corrected loss of vision resulting from an injury which ever is greater.   e. Disfigurement. In the case of serious facial or head disfigurement, including  a  disfigurement  continuous in length which is partly in the  facial area and also extends into the neck region as described  in  this paragraph,  the volunteer ambulance worker shall be paid in a lump sum a proper and equitable amount, which shall be determined by  the  workers' compensation  board.  If the earning capacity of the volunteer ambulance worker shall have been impaired, or may in the future  be  impaired,  by any  serious  disfigurement  in  the  region above the sterno clavicular articulations anterior to and including the region of the sterno  cleido mastoid  muscles on either side, the volunteer ambulance worker shall be paid in a lump  sum  a  proper  and  equitable  amount  which  shall  be determined  by  such  board.  Two  or  more  serious disfigurements, not continuous in length, resulting from the same injury,  if  partially  in the facial area and partially in such neck region, shall be deemed to be a  facial  disfigurement. An award, or the aggregate of the awards, to a volunteer ambulance worker under this paragraph shall not exceed  twenty thousand dollars.   f.  Total  or  partial loss or loss of use of more than one member. In any case in which there shall be a loss or loss of use of more than  one member  or parts of more than one member set forth above in paragraphs a to e,  both  inclusive,  of  this  subdivision,  but  not  amounting  to permanent  total disability, the periods for loss or loss of use of each such member or part thereof shall run consecutively.   g. Other cases. In all other cases of permanent partial disability the volunteer ambulance worker shall be  paid  for  each  week,  during  the continuance thereof, as follows:  (1)  If the percentage of loss of earning capacity is seventy-five per centum, or greater, he or she shall be paid one  hundred  fifty  dollars for each week, provided, however, that the volunteer ambulance worker is injured  in  the  line  of  duty  on or after the effective date of this chapter to  and  including  June  thirtieth,  nineteen  hundred  ninety, provided,  however,  that when the volunteer ambulance worker is injured in the line of duty on or after July first, nineteen hundred  ninety  to and  including  June thirtieth, nineteen hundred ninety-one such payment shall be two hundred eighty dollars for each week, and provided  further that  when the volunteer ambulance worker is injured in the line of duty on or after July first, nineteen hundred  ninety-one  to  and  including June  thirtieth, nineteen hundred ninety-two such payment shall be three hundred fifty dollars for each week; and provided further that when  the volunteer  ambulance  worker  is injured in the line of duty on or after July first, nineteen hundred ninety-two  such  payments  shall  be  four hundred dollars for each week.  (2) If the percentage of loss of earning capacity is fifty per centum, or  greater,  but  less than seventy-five per centum, he or she shall be paid one hundred dollars for each  week,  provided,  however,  that  the volunteer  ambulance  worker  is injured in the line of duty on or after the effective date of this chapter  to  and  including  June  thirtieth, nineteen  hundred  ninety,  provided,  however,  that when the volunteer ambulance worker is injured in the line of duty on or after July  first, nineteen  hundred  ninety  to  and  including  June  thirtieth, nineteen hundred ninety-one, such payment shall be one hundred eighty-six dollars and seventy-six cents for each week, provided, however,  that  when  the volunteer  ambulance  worker  is injured in the line of duty on or after July first, nineteen hundred ninety-one to and including June thirtieth, nineteen  hundred  ninety-two,  such  payment  shall  be   two   hundred thirty-four  dollars  and  fifty cents for each week; provided, however, that when the volunteer ambulance worker is injured in the line of  duty on  or after July first, nineteen hundred ninety-two, such payment shall be two hundred sixty-eight dollars for each week.  (3) If the percentage of  loss  of  earning  capacity  is  twenty-five percentum,  or  greater, but less than fifty per centum, he or she shall be paid thirty dollars for each week.  (4)  If  the  percentage  of  loss  of  earning  capacity is less than twenty-five per centum, he or she shall not be paid any weekly benefit.   Permanent partial disability, within the meaning  of  this  paragraph, shall  exist  only  if  the  earning capacity of the volunteer ambulance worker has been permanently and partially lost  as  the  result  of  the injury.  The  workers'  compensation board shall determine the degree of such disability and such board may reconsider such  degree  on  its  own motion or upon application of any party in interest.   2.  An  award  made  to a claimant under this section shall in case of death arising from causes other than the injury be payable  to  and  for the benefit of the persons following:   a.  If  there be a surviving spouse and no child of the deceased under the age of eighteen years, to such spouse.   b. If there be a surviving spouse and surviving child or  children  of the  deceased under the age of eighteen years, one-half shall be payable to the surviving spouse and the other half to  the  surviving  child  or children.   c. If there be a surviving child or children of the deceased under the age  of  eighteen  years, but no surviving spouse, then to such child or children.   d. If there be no surviving spouse and no surviving child or  children of  the deceased under the age of eighteen years, then to such dependent or dependents as defined in section seven of this article,  as  directed by  the  workers'  compensation  board;  and  if  there shall be no such dependents, then to the  estate  of  such  deceased  in  an  amount  not exceeding  reasonable funeral expenses as provided in subdivision one of section seven of this article, or, if there be no estate, to the  person or persons paying the funeral expenses of such deceased in an amount not exceeding  reasonable  funeral  expenses as provided in such subdivision one.   3. An award for  disability  may  be  made  after  the  death  of  the volunteer ambulance worker.