NY Vol Fire Ben L § 10 (2021)
2021 New York Laws VOL - Volunteer Firefighters' 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 firefighter shall be paid ninety-five dollars  for  each  week  for  the period  specified  in this subdivision, provided, however, that when the volunteer firefighter is injured in the line of duty on or after January first,  nineteen  hundred  seventy-eight  to  June  thirtieth,  nineteen hundred eighty-three, such payment shall be one hundred five dollars for each  week,  and  further  provided that when a volunteer firefighter is injured in the line of duty on or after  July  first,  nineteen  hundred eighty-three   to   and   including  June  thirtieth,  nineteen  hundred eighty-four, such payments shall be one hundred twenty-five dollars  for each  week  and  provided further that when the volunteer firefighter is injured in the line of duty on or after  July  first,  nineteen  hundred eighty-four   to   and   including   June  thirtieth,  nineteen  hundred eighty-five such payments shall be one hundred thirty-five  dollars  for each  week  and  provided further that when the volunteer firefighter is injured in the line of duty on or after  July  first,  nineteen  hundred eighty-five  to  and  including  June thirtieth, nineteen hundred ninety such payments shall be one hundred fifty  dollars  for  each  week,  and provided  further  that when the volunteer firefighter 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 firefighter 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 firefighter 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 period 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 whichever is the 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 firefighter 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 firefighter 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 firefighter 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  firefighter  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 firefighter  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 ninety-five dollars for each week, provided, however, that when the volunteer firefighter is  injured in  the  line  of  duty  on  or  after  January  first, nineteen hundred seventy-eight  to  and  including  June  thirtieth,   nineteen   hundred eighty-three,  such  payment  shall be one hundred five dollars for each week provided, however, that when the volunteer firefighter  is  injured in   the  line  of  duty  on  or  after  July  first,  nineteen  hundred eighty-three  to  and  including  June   thirtieth,   nineteen   hundred eighty-four,  such  payment shall be one hundred twenty-five dollars for each week provided, however, that  when  the  volunteer  firefighter  is injured  in  the  line  of duty on or after July first, nineteen hundred eighty-four  to  and  including   June   thirtieth,   nineteen   hundred eighty-five  such  payment  shall be one hundred thirty-five dollars for each week, provided, however, that when  the  volunteer  firefighter  is injured  in  the  line  of duty on or after July first, nineteen hundred eighty-five to and including June  thirtieth,  nineteen  hundred  ninety such payment shall be one hundred fifty dollars for each week, provided, however,  that  when the volunteer firefighter 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 firefighter 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 firefighter is injured in the line of  duty  on  or  after  July  first, nineteen  hundred  ninety-two such payment 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 sixty-three dollars and thirty-three cents for each week, provided, however, that when the volunteer firefighter is injured in the  line  of duty  on  or  after January first, nineteen hundred seventy-eight to and including June thirtieth, nineteen hundred  eighty-three,  such  payment shall be seventy dollars for each week, provided, however, that when the volunteer  firefighter  is  injured in the line of duty on or after July first, nineteen hundred eighty-three to and  including  June  thirtieth, nineteen  hundred eighty-four such payment shall be eighty-three dollars and thirty-three cents for each week, provided, however, that  when  the volunteer  firefighter  is  injured in the line of duty on or after July first, nineteen hundred eighty-four, to and  including  June  thirtieth, nineteen  hundred  eighty-five, such payment shall be ninety dollars for each week, provided, however, that when  the  volunteer  firefighter  is injured  in  the  line  of duty on or after July first, nineteen hundred eighty-five to and including June  thirtieth,  nineteen  hundred  ninety such  payment  shall  be  one  hundred  dollars for each week, provided, however, that when the volunteer firefighter 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 firefighter 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 firefighter 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 per centum, or greater, but less than fifty per centum,  he  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  firefighter 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 chapter,  as  directed by  the  workmen's  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 chapter, 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 firefighter.