NY Work Comp L § 15 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 15 - Schedule in Case of Disability.

§  15.  Schedule  in  case  of  disability.  The following schedule of compensation is hereby established:   1. Permanent total disability. In case of total disability adjudged to be permanent sixty-six and two-thirds per centum of the  average  weekly wages shall be paid to the employee during the continuance of such total disability.  Loss  of  both  hands,  or both arms, or both feet, or both legs, or both eyes, or of any two  thereof  shall,  in  the  absence  of conclusive proof to the contrary, constitute permanent total disability. In  all  other  cases  permanent total disability shall be determined in accordance with the facts. Notwithstanding any other provision  of  this chapter,  an  injured employee disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or  both  feet,  or  both legs,  or  of  any  two  thereof  shall not suffer any diminution of his compensation by engaging in business or employment provided his earnings or wages, when combined with his compensation, shall not be in excess of the wage base on  which  the  maximum  weekly  compensation  benefit  is computed  under  the  law  in  effect  at  time of such earning; further provided,  that  if  the  combination  exceeds  such  wage   base,   the compensation  shall  be diminished to an amount which, together with his earnings or wages, shall equal the wage base; and further provided  that the  application  of  this  subdivision shall not result in reduction of compensation which an injured employee who is disabled due to  the  loss or  total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs or of any two thereof, would otherwise be entitled to under any other provision of this section.   2. Temporary total disability. In case of temporary total  disability, sixty-six and two-thirds per centum of the average weekly wages shall be paid to the employee during the continuance thereof, except as otherwise provided in this chapter.   3.  Permanent  partial  disability.  In  case of disability partial in character but permanent in quality the compensation shall  be  sixty-six and  two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in this subdivision, as follows:                                                             Number of Member lost                                          weeks' compensation a. Arm ............................................................. 312 b. Leg ............................................................. 288 c. Hand ............................................................ 244 d. Foot ............................................................ 205 e. eye ............................................................. 160 f. Thumb ............................................................ 75 g. First finger ..................................................... 46 h. Great toe ........................................................ 38 i. Second finger .................................................... 30 j. Third finger ..................................................... 25 k. Toe other than great toe ......................................... 16 l. Fourth finger .................................................... 15   m. Loss of hearing. Compensation for the complete loss of the  hearing of  one  ear, for sixty weeks, for the loss of hearing of both ears, for one hundred and fifty weeks.   n. Phalanges. Compensation for the loss of more than one phalange of a digit shall be the same as for loss of the  entire  digit.  Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit.   o.  Amputated  arm  or  leg.  Compensation  for  an  arm  or a leg, if amputated at or above the wrist or ankle, shall be for the proportionate loss of the arm or leg.    p. Binocular vision or per centum of vision. Compensation for loss  of binocular  vision  or  for eighty per centum or more of the vision of an eye shall be the same as for loss of the eye.   q.  Two or more digits. Compensation 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 loss of use of the hand or foot occasioned thereby but shall not exceed the compensation for loss  of  a hand or foot.   r.  Total loss of use. Compensation for permanent total loss of use of a member shall be the same as for loss of the member.   s. Partial loss or partial loss of  use.  Compensation  for  permanent partial loss or loss of use of a member may be for proportionate loss or loss  of  use  of the member. Compensation for permanent partial loss or 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.   t.  Disfigurement.  1.  The  board  may  award  proper  and  equitable compensation for serious facial or head  disfigurement,  not  to  exceed twenty  thousand dollars, including a disfigurement continuous in length which is partially in the facial area and also  extends  into  the  neck region as described in paragraph two hereof.   2.  The  board,  if in its opinion the earning capacity of an employee has been or may in the future be impaired, may  award  compensation  for 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, but no award under subdivisions one and two shall, in the aggregate, exceed twenty thousand dollars.   3. Notwithstanding any other provision hereof,  two  or  more  serious disfigurements,  not  continuous  in  length,  resulting  from  the same injury, if partially in the facial area and partially in the neck region as described in paragraph two hereof, shall be deemed  to  be  a  facial disfigurement.   u.  Total  or  partial  loss or loss of use of more than one member or parts of members. 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 in paragraphs a through t,  inclusive,  of  this  subdivision,  but  not amounting   to   permanent  total  disability,  the  board  shall  award compensation for the loss or loss of use of each  such  member  or  part thereof,  which  awards  shall be fully payable in one lump sum upon the request of the injured employee.   v. Additional compensation for impairment of wage earning capacity  in certain   permanent  partial  disabilities.  Notwithstanding  any  other provision of this subdivision, additional compensation shall be  payable for  impairment  of  wage  earning  capacity  for  any  period after the termination of an award  under  paragraphs  a,  b,  c,  or  d,  of  this subdivision for the loss or loss of use of fifty per centum or more of a member, provided such impairment of earning capacity shall be due solely thereto.  Such additional compensation shall be determined in accordance with paragraph w of this subdivision. The additional compensation  shall be  reduced  by  fifty  per  centum of any amount of disability benefits which the disabled employee is receiving or entitled to receive for  the same  period  under the social security act, and shall cease on the date the disabled  employee  receives  or  is  entitled  to  receive  old-age insurance benefits under the social security act. As soon as practicable after the injury, the worker shall be required to participate in a board approved  rehabilitation program; or shall have demonstrated cooperation with efforts to institute such a board approved program and  shall  have been  determined  by  the  board  not  to  be  a  feasible candidate for  rehabilitation; such rehabilitation shall constitute treatment and  care as provided in this chapter.   w.  Other  cases.  In all other cases of permanent partial disability, the compensation shall  be  sixty-six  and  two-thirds  percent  of  the difference  between  the injured employee's average weekly wages and his or her wage-earning  capacity  thereafter  in  the  same  employment  or otherwise.    Compensation  under this paragraph shall be payable during the continuance  of  such  permanent  partial  disability,  without  the necessity  for  the  claimant who is entitled to benefits at the time of classification to demonstrate ongoing attachment to  the  labor  market, but  subject  to reconsideration of the degree of such impairment by the board on its own motion or upon application of  any  party  in  interest however,  all compensation payable under this paragraph shall not exceed (i) five hundred twenty-five  weeks  in  cases  in  which  the  loss  of wage-earning  capacity  is  greater  than ninety-five percent; (ii) five hundred weeks in cases in which the loss  of  wage-earning  capacity  is greater than ninety percent but not more than ninety-five percent; (iii) four   hundred  seventy-five  weeks  in  cases  in  which  the  loss  of wage-earning capacity is greater than eighty-five percent but  not  more than ninety percent; (iv) four hundred fifty weeks in cases in which the loss  of  wage-earning  capacity  is greater than eighty percent but not more than eighty-five percent; (v) four  hundred  twenty-five  weeks  in cases  in  which  the  loss  of  wage-earning  capacity  is greater than seventy-five percent but not more than eighty percent; (vi) four hundred weeks in cases in which the loss of  wage-earning  capacity  is  greater than seventy percent but not more than seventy-five percent; (vii) three hundred  seventy-five  weeks  in cases in which the loss of wage-earning capacity is greater  than  sixty  percent  but  not  more  than  seventy percent;  (viii) three hundred fifty weeks in cases in which the loss of wage-earning capacity is greater than fifty percent but  not  more  than sixty  percent;  (ix)  three hundred weeks in cases in which the loss of wage-earning capacity is greater than forty percent but  not  more  than fifty  percent; (x) two hundred seventy-five weeks in cases in which the loss of wage-earning capacity is greater than  thirty  percent  but  not more  than forty percent; (xi) two hundred fifty weeks in cases in which the loss of wage-earning capacity is greater than  fifteen  percent  but not more than thirty percent; and (xii) two hundred twenty-five weeks in cases  in  which the loss of wage-earning capacity is fifteen percent or less. For a claimant with a date of accident or  disablement  after  the effective date of the chapter of the laws of two thousand seventeen that amended  this  subdivision,  where  the carrier or employer has provided compensation pursuant to subdivision five of  this  section  beyond  one hundred  thirty  weeks  from  the  date  of accident or disablement, all subsequent weeks in which compensation was paid shall be  considered  to be  benefit  weeks  for  purposes  of  this section, with the carrier or employer receiving credit for all  such  subsequent  weeks  against  the amount  of maximum benefit weeks when permanent partial disability under this section is determined. In the event  of  payment  for  intermittent temporary  partial  disability  paid after one hundred thirty weeks from the date of accident or disablement, such time shall  be  reduced  to  a number of weeks, for which the carrier will receive a credit against the maximum  benefit  weeks.  For  a  claimant  with  a  date of accident or disablement after the effective date of the chapter of the laws  of  two thousand  seventeen that amended this subdivision, when permanency is at issue, and a claimant has submitted medical evidence that he or  she  is not  at maximum medical improvement, and the carrier has produced or has had  a  reasonable  opportunity  to  produce  an   independent   medical examination  concerning  maximum  medical improvement, and the board has  determined that the claimant is not yet at maximum medical  improvement, the  carrier  shall  not  receive  a credit for benefit weeks prior to a finding that the claimant has reached maximum  medical  improvement,  at which  time  the carrier shall receive credit for any weeks of temporary disability paid to claimant  after  such  finding  against  the  maximum benefit  weeks  awarded  under  this  subdivision.  For  those claimants classified as permanently  partially  disabled  who  no  longer  receive indemnity  payments  because they have surpassed their number of maximum benefit weeks, the following provisions will apply:  (1) There will be a presumption that medical services  shall  continue notwithstanding  the  completion of the time period for compensation set forth in this section and the burden of going forward and the burden  of proof  will  lie  with  the  carrier,  self-insured  employer  or  state insurance fund in any application before the  board  to  discontinue  or suspend  such  services.  Medical  services  will  continue  during  the pendency of any such application and any appeals thereto.  (2) The board is directed to promulgate regulations that establish  an independent  review  and  appeal  by  an  outside agent or entity of the board's choosing of any  administrative  law  judge's  determination  to discontinue  or suspend medical services before a final determination of the board.   x. Impairment guidelines. The chair shall consult with representatives of  labor,  business,  medical  providers,   insurance   carriers,   and self-insured  employers  regarding  revisions  to  permanency impairment guidelines,  including   permitting   review   and   comment   by   such representatives'  chosen medical advisors, and after consultation shall, in accordance with the state administrative procedure act,  propose  for public   comment   revised   permanency  guidelines  concerning  medical evaluation of impairment and the  determination  of  permanency  as  set forth  in paragraphs a through v of this subdivision by September first, two thousand seventeen, with such guidelines to be adopted by the  chair by  January  first,  two  thousand  eighteen.  The permanency impairment guidelines shall be reflective  of  advances  in  modern  medicine  that enhance  healing  and  result in better outcomes. In the event the chair fails to adopt such permanency guidelines to  be  effective  by  January first,  two  thousand  eighteen,  the  chair  shall  adopt, by emergency regulation, permanency impairment guidelines. The permanency  impairment guidelines   adopted   by  emergency  regulation  shall  be  either  the impairment guidelines proposed by the  chair  on  September  first,  two thousand  seventeen  or  the permanency impairment guidelines created by the consultant to the board and submitted to representatives  of  labor, business,   medical  providers,  insurance  carriers,  and  self-insured employers, as voted on in an emergency meeting of the board to  be  held on December twenty-ninth, two thousand seventeen. In the event the board is  unable  to  reach a decision at such meeting, the chair shall select the permanency  guidelines  to  be  adopted  by  emergency  regulations. Emergency  regulations  shall be in effect for ninety days or until such time as permanent regulations are adopted by the chair.  As  of  January first,  two  thousand eighteen the 2012 permanency impairment guidelines pertaining to paragraphs a through v of  subdivision  three  of  section fifteen  of  this  article  are  repealed, and shall have no effect. The board shall train adjudication and other  staff  to  ensure  timely  and effective implementation.   4.  Effect  of  award.  An  award made to a claimant under subdivision three 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.   The  board may in its discretion require the appointment of a guardian for the purpose of receiving the compensation of the minor child. In the absence of such a requirement by the board the appointment  for  such  a purpose shall not be necessary.   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 sixteen of this chapter, as directed by the board; and if there 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 sixteen 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 subdivision one of section sixteen of this chapter.   An award for disability may be made after the  death  of  the  injured employee.   4-a.   Protracted   temporary  total  disability  in  connection  with permanent partial disability. In case of temporary total disability  and permanent partial disability both resulting from the same injury, if the temporary total disability continues for a longer period than the number of  weeks  set  forth in the following schedule, the period of temporary total disability in excess of such number of weeks shall be added to the compensation period provided in subdivision three of this section:  Arm, thirty-two  weeks;  leg,  forty  weeks;  hand,  thirty-two  weeks; foot, thirty-two weeks; ear, twenty-five  weeks;  eye,  twenty  weeks;  thumb, twenty-four  weeks;  first  finger,  eighteen  weeks;  great toe, twelve weeks; second finger, twelve weeks; third finger,  eight  weeks;  fourth finger, eight weeks; toe other than great toe, eight weeks.   In  any  case  resulting  in  loss or partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total disability  does  not extend beyond the periods above mentioned for such injury, compensation shall be  limited  to  the  schedule  contained  in subdivision three.   5.   Temporary  partial  disability.  In  case  of  temporary  partial disability resulting in decrease of earning capacity,  the  compensation shall  be  two-thirds  of  the difference between the injured employee's average weekly wages before the accident and his wage  earning  capacity after the accident in the same or other employment.   5-a. Determination of wage earning capacity. The wage earning capacity of  an  injured  employee  in  cases  of  partial  disability  shall  be determined by his actual earnings, provided, however, that if he has  no such  actual  earnings the board may in the interest of justice fix such wage earning capacity as shall be  reasonable,  but  not  in  excess  of seventy-five  per centum of his former full time actual earnings, having due regard to the nature of his injury and his physical impairment.   5-b. Non-schedule adjustments. Notwithstanding any other provision  of this  chapter,  in any case coming within the provisions of subdivisions three or five of this section, in which the right  to  compensation  has been  established and compensation has been paid for not less than three months, in which the continuance of disability  and  of  future  earning capacity cannot be ascertained with reasonable certainty, the board may, in  the interest of justice, approve a non-schedule adjustment agreed to  between the claimant and the employer  or  his  insurance  carrier.  The board  shall require, before approving any such agreement, that there be an examination of the claimant in accordance with  section  nineteen  of this  chapter,  and  such  approval shall only be given when it is found that the adjustment is fair and in the best interest  of  the  claimant. The board may, in such case, order all future compensation to be paid in one  or more lump sums or periodically, and any such adjustment shall be regarded as a closing of the claim unless the board find upon proof that there has been a change in condition or in the degree of  disability  of claimant   not  found  in  the  medical  evidence  and,  therefore,  not contemplated at the time of the adjustment.   6. Maximum and minimum compensation for disability.  (a)  Compensation for  permanent  or  temporary  total  disability  due  to an accident or disablement resulting from an occupational disease that occurs,  (1)  on or after January first, nineteen hundred seventy-eight, shall not exceed one  hundred  twenty-five  dollars per week, that occurs (2) on or after July first, nineteen hundred seventy-eight, shall not exceed one hundred eighty dollars per week, that occurs (3)  on  or  after  January  first, nineteen  hundred  seventy-nine,  shall  not  exceed two hundred fifteen dollars per week, that occurs (4)  on  or  after  July  first,  nineteen hundred  eighty-three,  shall  not exceed two hundred fifty-five dollars per week, that occurs (5) on  or  after  July  first,  nineteen  hundred eighty-four, shall not exceed two hundred seventy-five dollars per week, that  occurs  (6)  on or after July first, nineteen hundred eighty-five, shall not exceed three hundred dollars per week, that occurs (7)  on  or after  July  first,  nineteen  hundred  ninety,  shall  not exceed three hundred forty dollars per week; and  in  the  case  of  temporary  total disability  shall  not  be  less than thirty dollars per week and in the case of permanent total disability shall not be less than twenty dollars per week except that if the employee's wages at the time of  injury  are less  than  thirty  or  twenty  dollars per week respectively, he or she shall receive his or her full weekly wages.  Compensation for  permanent or  temporary  partial  disability  due  to  an  accident or disablement resulting from an occupational disease  that  occurs  (1)  on  or  after January  first,  nineteen  hundred  seventy-eight,  shall not exceed one hundred five dollars per week, that occurs (2) on or after  July  first, nineteen  hundred eighty-three, shall not exceed one hundred twenty-five dollars per week, that occurs (3)  on  or  after  July  first,  nineteen hundred  eighty-four,  shall  not exceed one hundred thirty-five dollars per week, that occurs (4) on  or  after  July  first,  nineteen  hundred eighty-five,  shall  not exceed one hundred fifty dollars per week, that occurs (5) on or after July first, nineteen hundred  ninety,  shall  not exceed  two  hundred  eighty  dollars  per week; nor be less than twenty dollars per week; except that if the employee's wages  at  the  time  of injury  are  less  than twenty dollars per week, he or she shall receive his or her full weekly  wages.  In  no  event  shall  compensation  when combined  with  decreased earnings or earning capacity exceed the amount of wages which the  employee  was  receiving  at  the  time  the  injury occurred. Compensation for permanent or temporary partial disability, or for  permanent  or  temporary  total  disability  due  to an accident or disablement resulting from an occupational disease that occurs (1) on or after July first, nineteen hundred ninety-one and prior to  July  first, nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty dollars  per  week;  (2)  on  or  after  July  first,  nineteen  hundred ninety-two,  shall not exceed four hundred dollars per week; nor be less than forty dollars per week except that if the employee's wages  at  the time  of injury are less than forty dollars per week, the employee shall receive his or her full wages. Compensation for permanent  or  temporary  partial  disability,  or for permanent or temporary total disability due to an accident or disablement resulting  from  an  occupational  disease that  occurs  (1)  on  or after July first, two thousand seven shall not exceed  five  hundred  dollars per week, (2) on or after July first, two thousand eight shall not exceed five hundred fifty dollars per week, (3) on or after July first, two thousand nine shall not exceed  six  hundred dollars  per week, and (4) on or after July first, two thousand ten, and on or after July  first  of  each  succeeding  year,  shall  not  exceed two-thirds  of  the  New  York state average weekly wage for the year in which it is reported. Compensation for permanent  or  temporary  partial disability,  or  for  permanent  or temporary total disability due to an accident or disablement resulting  from  an  occupational  disease  that occurs on or after July first, two thousand seven shall not be less than one  hundred dollars per week except that if the employee's wages at the time of injury are less than one hundred dollars per week, the  employee shall  receive  his  or  her full wages.   Compensation for permanent or temporary partial  disability,  or  for  permanent  or  temporary  total disability   due  to  an  accident  or  disablement  resulting  from  an occupational disease that occurs on or after  May  first,  two  thousand thirteen  shall  not  be  less  than  one hundred fifty dollars per week except that if the employee's wages at the time of injury are less  than one  hundred  fifty  dollars per week, the employee shall receive his or her full wages. In  no  event  shall  compensation  when  combined  with decreased  earnings  or  earning capacity exceed the amount of wages the employee was receiving at the time the injury occurred. Compensation for permanent or temporary partial disability, or for permanent or temporary total disability due to an accident or  disablement  resulting  from  an occupational  disease or injury that occurred as a result of World Trade Center rescue activity by an employee of a private  voluntary  hospital, who  passed  a  physical  examination upon employment as a rescue worker that failed to reveal evidence of a condition  that  was  the  proximate cause of disablement or occupational disease or injury, shall not exceed three-quarters  of a claimant's wage on September eleventh, two thousand one. In  no  event  shall  compensation  when  combined  with  decreased earnings or earning capacity exceed the amount of wages the employee was receiving on September eleventh, two thousand one.  (b)  Compensation for temporary total disability due to an accident or disablement resulting from an occupational disease  that  occurs  on  or after  July  first,  nineteen  hundred  seventy-four,  and prior to July first, nineteen hundred seventy-eight,  shall  not  exceed  one  hundred twenty-five  dollars  per week nor be less than thirty dollars per week; except that if the employee's wages at the time of injury are less  than thirty  dollars  per  week,  he  shall  receive  his  full weekly wages. Compensation  for  permanent  total  disability  or  for  permanent   or temporary partial disability due to an accident or disablement resulting from  an  occupational  disease  that  occurs  on  or  after July first, nineteen hundred seventy-four, and  prior  to  January  first,  nineteen hundred  seventy-eight,  shall  not exceed ninety-five dollars per week; nor be less than twenty dollars per week; except that if the  employee's wages  at  the  time of injury are less than twenty dollars per week, he shall receive his full weekly wages. In no event shall compensation when combined with decreased earnings or earning capacity exceed  the  amount of  wages  which  the  employee  was  receiving  at  the time the injury occurred.  (c) Compensation for temporary total disability due to an accident  or disablement  resulting  from  an  occupational disease that occurs on or after July first, nineteen hundred seventy  and  prior  to  July  first, nineteen  hundred seventy-four, shall not exceed ninety-five dollars per  week nor be less than thirty  dollars  per  week;  except  that  if  the employee's  wages at the time of injury are less than thirty dollars per week, he shall receive his full weekly wages. Compensation for permanent total disability or for permanent or temporary partial disability due to an  accident  or disablement resulting from an occupational disease that occurs on or after July first, nineteen hundred  seventy  and  prior  to July  first,  nineteen  hundred  seventy-four,  shall  not exceed eighty dollars per week; nor be less than twenty dollars per week; except  that if  the  employee's  wages  at  the  time of injury are less than twenty dollars per week, he shall receive his full weekly wages.  In  no  event shall  compensation  when  combined  with  decreased earnings or earning capacity exceed the amount of wages which the employee was receiving  at the time the injury occurred.  (d)  Compensation for temporary total disability due to an accident or disablement resulting from an occupational disease  that  occurs  on  or after July first, nineteen hundred sixty-eight, and prior to July first, nineteen  hundred seventy, shall not exceed eighty-five dollars per week nor be less than thirty dollars per week; except that if the  employee's wages  at  the  time of injury are less than thirty dollars per week, he shall receive his full weekly wages. Compensation  for  permanent  total disability  or  for  permanent or temporary partial disability due to an accident or disablement resulting  from  an  occupational  disease  that occurs  on  or after July first, nineteen hundred sixty-eight, and prior to July first,  nineteen  hundred  seventy,  shall  not  exceed  seventy dollars  per week; nor be less than twenty dollars per week; except that if the employee's wages at the time  of  injury  are  less  than  twenty dollars  per  week,  he shall receive his full weekly wages. In no event shall compensation when combined  with  decreased  earnings  or  earning capacity  exceed the amount of wages which the employee was receiving at the time the injury occurred.  (e) Compensation for permanent or temporary partial disability, or for permanent  or  temporary  total  disability  due  to  an   accident   or disablement  resulting  from  an  occupational disease that occurs on or after July first, nineteen hundred sixty-five, and prior to July  first, nineteen  hundred  sixty-eight, shall not exceed sixty dollars per week; nor be less than twenty dollars per week; except that if the  employee's wages  at  the  time of injury are less than twenty dollars per week, he shall receive his full weekly wages. In no event shall compensation when combined with decreased earnings or earning capacity exceed  the  amount of  wages  which  the  employee  was  receiving  at  the time the injury occurred.  (f) Compensation for permanent or temporary partial disability, or for permanent  or  temporary  total  disability  due  to  an   accident   or disablement  resulting  from  an  occupational disease that occurs on or after July first, nineteen hundred sixty-two and  prior  to  July  first nineteen  hundred  sixty-five,  shall  not exceed fifty-five dollars per week; nor be less than twenty dollars  per  week;  except  that  if  the employee's  wages at the time of injury are less than twenty dollars per week, he shall  receive  his  full  weekly  wages.  In  no  event  shall compensation  when  combined with decreased earnings or earning capacity exceed the amount of wages which the employee was receiving at the  time the injury occurred.  (g) Compensation for permanent or temporary partial disability, or for permanent   or   temporary  total  disability  due  to  an  accident  or disablement resulting from an occupational disease  that  occurs  on  or after  July  first,  nineteen  hundred  sixty  and  prior to July first, nineteen hundred sixty-two, shall not exceed fifty dollars per week; nor be less than twenty dollars per week,  except  that  if  the  employee's  wages  at  the  time of injury are less than twenty dollars per week, he shall receive his full weekly wages. In no event shall compensation when combined with decreased earnings or earning capacity exceed  the  amount of  wages  which  the  employee  was  receiving  at  the time the injury occurred.  (h) Compensation for permanent or temporary partial disability, or for permanent  or  temporary  total  disability  due  to  an   accident   or disablement  resulting  from  an  occupational disease that occurs on or after July first, nineteen hundred fifty-eight and prior to July  first, nineteen  hundred  sixty,  shall not exceed forty-five dollars per week; nor, except in cases of permanent total disability, be less than  twenty dollars  per  week;  except  that if the employee's wages at the time of injury are less than twenty dollars per week, he shall receive his  full weekly  wages;  further  provided,  that in each case of permanent total disability minimum compensation shall not be less  than  twenty  dollars per  week,  except that where the employee's wages at the time of injury are less than twenty dollars per week he shall receive his  full  weekly wages.  In  no  event  shall  compensation  when combined with decreased earnings or earning capacity  exceed  the  amount  of  wages  which  the employee was receiving at the time the injury occurred.  (i) Compensation for permanent or temporary partial disability, or for permanent   or   temporary  total  disability  due  to  an  accident  or disablement resulting from an occupational disease  that  occurs  on  or after  July  first, nineteen hundred fifty-four and prior to July first, nineteen hundred fifty-eight, shall not exceed  thirty-six  dollars  per week;  nor,  except in cases of permanent total disability, be less than twelve dollars per week; except that if the employee's wages at the time of injury are less than twelve dollars per week, he  shall  receive  his full  weekly  wages;  further  provided,  that in each case of permanent total disability minimum compensation shall not  be  less  than  fifteen dollars  per week, except that where the employee's wages at the time of injury are less than fifteen dollars per week he shall receive his  full weekly  wages.  In  no  event  shall  compensation  when  combined  with decreased earnings or earning capacity exceed the amount of wages  which the employee was receiving at the time the injury occurred.  (j) Compensation for permanent or temporary partial disability, or for permanent   or   temporary  total  disability  due  to  an  accident  or disablement resulting from an occupational disease  that  occurs  on  or after  July first, nineteen hundred forty-eight and prior to July first, nineteen hundred fifty-four, shall not  exceed  thirty-two  dollars  per week  and compensation for permanent or temporary partial disability, or for permanent or temporary  total  disability  due  to  an  accident  or disablement  resulting  from  an  occupational disease that occurs on or after June first, nineteen hundred forty-six, and prior to  July  first, nineteen  hundred forty-eight, shall not exceed twenty-eight dollars per week; nor, except in cases of permanent total disability, be  less  than twelve dollars per week; except that if the employee's wages at the time of  injury  are  less than twelve dollars per week, he shall receive his full weekly wages; further provided, that  in  each  case  of  permanent total  disability  minimum  compensation  shall not be less than fifteen dollars per week, except that where the employee's wages at the time  of injury are less than fifteen dollars per week, he shall receive his full weekly  wages  but  in  no  event  shall compensation when combined with decreased earnings or earning capacity exceed the amount of wages  which the  employee  was  receiving  at  the time the injury occurred; further provided, that compensation may be in excess of twenty-five dollars  but shall  not  exceed  twenty-eight  dollars  per  week  for  permanent  or temporary total disability due to an accident or  disablement  resulting  from  an  occupational  disease  that  occurred  on or after June first, nineteen hundred forty-four, and prior to July first,  nineteen  hundred forty-eight,  and  in  each  case  of temporary total disability minimum compensation shall not be less than twelve dollars per week, except that where  the  employee's  wages at the time of injury are less than twelve dollars per week, he shall receive his full weekly  wages;  and  further provided   that,   because   of  existing  conditions  due  to  the  war compensation for permanent or  temporary  total  disability  may  be  in excess  of twenty-five dollars but shall not exceed twenty-eight dollars per week for any period of disability arising  out  of  claims  accruing during  the  three  year  period commencing June first, nineteen hundred forty-four.   6-a. Reclassification of disabilities. Subject to the limitations  set forth  in  sections  twenty-five-a  and one hundred twenty-three of this chapter, the board may, at any time,  without  regard  to  the  date  of accident,  upon  its  own  motion,  or  on  application  of any party in interest, reclassify a disability upon  proof  that  there  has  been  a change  in  condition, or that the previous classification was erroneous and not in the interest of justice.   7. Previous  disability.  The  fact  that  an  employee  has  suffered previous disability or received compensation therefor shall not preclude him  from  compensation for a later injury nor preclude compensation for death resulting therefrom; but in determining compensation for the later injury or death his average weekly wages  shall  be  such  sum  as  will reasonably  represent  his  earning  capacity  at  the time of the later injury, provided, however, that an employee  who  is  suffering  from  a previous disability shall not receive compensation for a later injury in excess  of  the  compensation allowed for such injury when considered by itself and not in conjunction with the  previous  disability  except  as hereinafter provided in subdivision eight of this section.   8.  Disability  following previous permanent physical impairment.  (a) Declaration of  policy  and  legislative  intent.  As  a  guide  to  the interpretation  and  application  of  this  subdivision,  the policy and intent of this legislature is declared to be as follows:   First: That every person in this state  who  works  for  a  living  is entitled  to  reasonable  opportunity  to  maintain his independence and self-respect through self-support even after he/she has been  physically handicapped by injury or disease;   Second: That any plan which will reasonably, equitably and practically operate  to break down hindrances and remove obstacles to the employment of partially disabled persons who (i) are honorably discharged from  our armed forces, or (ii) have a qualifying condition, as defined in section three hundred fifty of the executive law, and received a discharge other than  bad  conduct  or  dishonorable  from  such  service,  or (iii) are discharged LGBT veterans, as defined in section three hundred  fifty  of the  executive  law,  and received a discharge other than bad conduct or dishonorable from such service,  or  any  other  physically  handicapped persons,  is  of  vital importance to the state and its people and is of concern to this legislature;   Third: That it is the considered judgment of this legislature that the system embodied in this subdivision, which makes a logical and equitable adjustment of the liability under the workers' compensation law which an employer must assume in hiring employees, constitutes  a  practical  and reasonable  approach  to a solution of the problem for the employment of physically handicapped persons.   Moreover,  because  of  the  insidious  nature  of  slowly  developing diseases  such  as  silicosis and other dust diseases and because of the reluctance on the part of employers to employ persons previously exposed  to silica or other harmful dust, means should also be  provided  whereby employers will be encouraged to employ and to continue the employment of such  persons, by apportioning liability fairly between the employer and industry  as a whole without at the same time removing any incentive for the prevention of harmful dust diseases.  (b) Definition. As  used  in  this  subdivision,  "permanent  physical impairment"  means  any  permanent condition due to previous accident or disease or any congenital condition which  is  or  is  likely  to  be  a hindrance or obstacle to employment.  (c)  Permanent  total  disability  after permanent partial disability. Notwithstanding the provisions of paragraph (d) of this subdivision,  if an  employee  who  has  previously incurred permanent partial disability through the loss of one hand, one arm, one foot, one leg,  or  one  eye, incurs  permanent total disability through the loss of another member or organ, he/she shall  be  paid,  in  addition  to  the  compensation  for permanent  partial  disability  provided  in  this section and after the cessation of the payments for the prescribed  period  of  weeks  special additional  compensation during the continuance of such total disability to the amount of sixty-six and two-thirds  per  centum  of  the  average weekly wage earned by him/her at the time the total permanent disability was  incurred.  If  such employee shall establish an earning capacity by employment he shall be  paid  during  the  period  of  such  employment, instead of the additional compensation above provided, two-thirds of the difference  between  his  average  weekly  wages  at  the time the total disability was incurred and his wage earning capacity as  determined  by his  actual  earnings  in such employment, subject to the limitations in subdivision six of  this  section.  Such  additional  compensation,  and expense  as  in  this  subdivision  provided,  shall  be paid out of the special disability fund  and  in  the  manner  as  hereinafter  in  this subdivision provided.  (d)  If  an  employee  of  an  employer who has secured the payment of compensation as required under the provisions of section fifty  of  this chapter, who had a total or partial loss or loss of use of one hand, one arm,  one  foot, one leg or one eye, or who has other permanent physical impairment incurs a subsequent disability by accident arising out of and in the course of his  employment  or  an  occupational  disease  arising therefrom, resulting in a permanent disability caused by both conditions that  is materially and substantially greater than that which would have resulted from the subsequent injury or occupational disease  alone,  the employer  or  his  insurance carrier shall in the first instance pay all awards of compensation and all medical expense provided by this chapter, but such employer or  his  insurance  carrier,  except  as  specifically provided in paragraph (ee) of this subdivision, shall be reimbursed from the  special  disability  fund  created  by  this  subdivision  for  all compensation and medical benefits subsequent to those  payable  for  the first  one hundred four weeks of disability for claims where the date of accident or date of disablement occurred prior to August first, nineteen hundred ninety-four, and two  hundred  sixty  weeks  of  disability  for claims  where the date of accident or date of disablement occurred on or after  August  first,  nineteen  hundred  ninety-four,   regardless   of knowledge  on  the  part  of  the  employer  as to the existence of such pre-existing permanent physical impairment.   Notwithstanding anything to the contrary in this chapter, there may be apportionment of liability for the special disability  fund  under  this subdivision  within  a  single  claim  by  disposition between the fund, carriers, self-insurers or employers.  (e) If the subsequent injury of such an  employee  resulting  from  an accident  arising  out  of  and  in  the  course of his employment or an  occupational disease resulting therefrom, as set forth in paragraph  (d) of  this  subdivision,  shall result in the death of the employee and it shall be determined that either the  injury  or  death  would  not  have occurred except for such pre-existing permanent physical impairment, the employer  or  his  insurance carrier shall in the first instance pay the funeral expenses and the death benefits prescribed by this chapter,  but he  or  his  insurance  carrier,  except  as  specifically  provided  in paragraph (ee) of this subdivision, shall be reimbursed from the special disability fund created by  this  subdivision  for  all  death  benefits payable  in  excess  of  one hundred four weeks of disability for claims where the date of accident or date  of  disablement  occurred  prior  to August  first, nineteen hundred ninety-four, and two hundred sixty weeks of disability  for  claims  where  the  date  of  accident  or  date  of disablement   occurred  on  or  after  August  first,  nineteen  hundred ninety-four, regardless of knowledge on the part of the employer  as  to the existence of such pre-existing permanent physical impairment.  (ee)  If  an  employee  of  an employer who has secured the payment of compensation as required under the provisions of section fifty  of  this chapter  is  disabled  from  silicosis  or other dust disease, or in the event of death, death was due to silicosis or other dust disease, and if such an employee has  been  subject  to  an  injurious  exposure  in  an employment  defined  under  paragraph  twenty-nine of subdivision two of section three of this chapter, the provisions of this subdivision  shall apply  except  as  hereinafter stated; and it shall not be required that the employee had, either at the time of hiring or during the employment, any previous physical condition or disability which may result  in  such disability  or  death.  In  all such cases the employer or his insurance carrier shall in the first instance pay all awards of  compensation  and all medical expense provided by this chapter; and in the event of death, the  employer  or his insurance carrier shall also in the first instance pay the funeral expenses and  the  death  benefits  prescribed  by  this chapter; but such employer or his insurance carrier shall subject to the limitations  of  subparagraphs  two  and  three of paragraph (h) of this subdivision be reimbursed from the special disability  fund  created  by this subdivision for all compensation and medical benefits subsequent to those  payable  for  the  first one hundred four weeks of disability for claims where the date of accident or date of disablement occurred  prior to  August  first,  nineteen  hundred ninety-four, and two hundred sixty weeks of disability for claims where the date of  accident  or  date  of disablement   occurred  on  or  after  August  first,  nineteen  hundred ninety-four, and, in the event of death, the employer or  his  insurance carrier  shall be reimbursed from the special disability fund created by this subdivision for all death benefits payable in excess of one hundred four weeks for claims where the date of accident or date of  disablement occurred  prior  to  August first, nineteen hundred ninety-four, and two hundred sixty weeks for claims where the date of  accident  or  date  of disablement   occurred  on  or  after  August  first,  nineteen  hundred ninety-four; provided, however, that  when  total  disability  or  death occurred  after  July  first, nineteen hundred forty-seven, and prior to July first, nineteen hundred seventy-four, the employer or his insurance carrier shall be reimbursed from the special disability fund created  by this  subdivision  for  all  compensation and medical benefits including funeral expenses and death benefits subsequent to those payable for  the first two hundred sixty weeks of disability and death benefits combined; and  further  provided,  however,  that  in  the  event  of death due to silicosis or other dust disease on or after July first, nineteen hundred forty-seven, of such an employee who shall have  been  totally  disabled from silicosis or other dust disease prior to such date, the employer or  his  insurance  carrier  shall be reimbursed from the special disability fund created by this subdivision for death benefits subsequent to  those payable for the first one hundred four weeks.   The  compensation  of  an employee who has heretofore been found to be totally and permanently disabled from silicosis or  other  dust  disease and  whose  disablement  occurred  prior to July first, nineteen hundred forty-seven, shall be continued or resumed, as the case  may  be,  after June  first,  nineteen  hundred  fifty-one,  and  payments shall be made during continuance of such disability at his/her  regular  weekly  rate, notwithstanding  the  fact  that  such  compensation is in excess of the maximum provided for his/her case under former article  four-a  of  this chapter;  but  such  compensation  in  excess of the maximum so provided shall be paid from the special fund created by this subdivision.  (f) Any award  under  this  subdivision  shall  be  made  against  the employer  or  his  or  her  insurance  carrier,  but if such employer or insurance carrier be entitled  to  reimbursement  as  provided  in  this subdivision, notice or claim of the right to such reimbursement shall be filed  with  the  board in writing prior to the final determination that the resulting disability is permanent, but in  no  case  more  than  one hundred  four  weeks  after the date of disability or death or fifty-two weeks after the date that a claim for compensation  is  filed  with  the chair,  whichever  is  later, or in the event of the reopening of a case theretofore closed, no later than the determination of  permanency  upon such reopening. In no event shall such a notice of claim be filed beyond the  dates  set  forth  in  subparagraph  two  of  paragraph (h) of this subdivision.   The employer or his or  her  insurance  carrier  shall  in  the  first instance make the payments of compensation and medical expenses provided by  this  subdivision.  Whenever for any reason payments are not made by the employer or his or her insurance  carrier  at  any  time  after  the payments  have been made for the first one hundred four weeks for claims where the date of accident or date  of  disablement  occurred  prior  to August  first, nineteen hundred ninety-four, and two hundred sixty weeks for claims where the date of accident or date of disablement occurred on or after August first, nineteen hundred  ninety-four,  the  payments  of subsequent  compensation  and  medical expenses shall be made out of the special disability fund by the commissioner of taxation and finance upon vouchers approved by the chair of the workers'  compensation  board.  In case  any payments prior to the expiration of the first one hundred four weeks for claims where the date  of  accident  or  date  of  disablement occurred  prior  to  August first, nineteen hundred ninety-four, and two hundred sixty weeks for claims where the date of  accident  or  date  of disablement   occurred  on  or  after  August  first,  nineteen  hundred ninety-four are not made by the employer or his or her insurance carrier by reason of the insolvency of such  carrier,  the  payments  until  the expiration  of  one  hundred  four  weeks  for  claims where the date of accident or date of disablement occurred prior to August first, nineteen hundred ninety-four, and two hundred sixty weeks for  claims  where  the date  of  accident  or  date  of disablement occurred on or after August first, nineteen hundred ninety-four shall  be  made  out  of  the  stock workers' compensation security fund created by the provisions of section one  hundred  seven  of this chapter if the insolvent carrier be a stock company, or out  of  the  mutual  workers'  compensation  security  fund created  under  the  provisions  of  section  one hundred nine-d of this chapter if the carrier be a mutual company. If any such payments are not made by an employer permitted to  secure  the  payment  of  compensation pursuant to the provisions of subdivision three of section fifty of this chapter,  the  payments shall be made out of the proceeds of the sale of  any securities deposited by the employer with the chair,  upon  vouchers approved  by  the  chair,  until  such  payments  have been made for one hundred four weeks for claims where the date  of  accident  or  date  of disablement   occurred   prior   to   August   first,  nineteen  hundred ninety-four, and two hundred sixty weeks for claims where  the  date  of accident  or  date  of  disablement  occurred  on or after August first, nineteen hundred ninety-four, from the date of disability,  after  which date they shall be made out of the special disability fund in the manner above provided.   In  all  cases  in which awards have been made and charged against the special fund or injuries have occurred which would require  payments  to be made in accordance with the provisions of former subdivision eight of this   section  as  it  existed  immediately  prior  to  the  time  this subdivision, as hereby added, takes effect, the compensation so  awarded or  that shall be awarded in such cases shall continue to be paid out of the special disability fund by the commissioner of taxation and  finance upon  vouchers approved by the chair of the workers' compensation board, as though this subdivision had not been enacted.  (g) Upon the making of a determination that an employer  or  insurance carrier is entitled to reimbursement from the special disability fund in any  case  where the employer or insurance carrier has made payment into the aggregate trust fund, as provided in section  twenty-seven  of  this chapter,  or where payment of compensation has been commuted into one or more lump sum payments, the  employer  or  insurance  carrier  shall  be reimbursed  forthwith  for  the sums paid in excess of those payable for one hundred four weeks for claims where the date of accident or date  of disablement   occurred   prior   to   August   first,  nineteen  hundred ninety-four, two hundred sixty  weeks  for  claims  where  the  date  of accident  or  date  of  disablement  occurred  on or after August first, nineteen hundred ninety-four or two hundred sixty weeks in  a  silicosis or  other  dust  disease case as otherwise provided in paragraph (ee) of this subdivision, exclusive of administrative and loading  charges  paid pursuant  to  section  twenty-seven, in accordance with the decision and order of the board. In  all  other  cases  such  employer  or  insurance carrier shall, periodically every six months from the decision and order of  the  board,  be reimbursed from such special disability fund for all compensation and medical expense in accordance with  the  provisions  of paragraph (f) of this subdivision.  (h)  Special  disability  fund. (1) The fund heretofore maintained and provided for by  and  pursuant  to  former  subdivision  eight  of  this section, is hereby continued and shall retain the liabilities heretofore charged  or  chargeable  thereto  under  the  provisions  of such former subdivision eight of this section as it existed immediately prior to the time  this  subdivision,  as  hereby  added,  takes  effect,   and   the liabilities   chargeable   thereto   under   the  provisions  of  former subdivision eight-a of this section as added by  chapter  seven  hundred forty-nine  of  the  laws of nineteen hundred forty-four and repealed at the same time this subdivision, as heretofore added, takes  effect,  and payments  therefrom  on account of such liabilities shall continue to be made as provided herein. The said fund shall be  known  as  the  special disability  fund  and shall be available only for the purposes stated in this subdivision, and the assets  thereof  shall  not  at  any  time  be appropriated or diverted to any other use or purpose.  (2)  (A) No carrier or employer, or the state insurance fund, may file a claim for reimbursement from  the  special  disability  fund,  for  an injury  or  illness with a date of accident or date of disablement on or after July first, two thousand seven. No carrier  or  employer,  or  the state  insurance  fund,  may  file  a  claim  for reimbursement from the  special disability fund after July  first,  two  thousand  ten,  and  no written  submissions  or  evidence  in  support  of  such a claim may be submitted after that date.  (B)  All  requests  for reimbursement from the special disability fund with a date of injury or date of disablement prior to  July  first,  two thousand  seven  as  to  which the board has determined that the special disability fund is liable must be submitted to  the  special  disability fund  by  the  later of (i) one year after the expense has been paid, or (ii) one year from the effective date of this paragraph.  (3) Effective the first day of January,  two  thousand  fourteen,  and annually  thereafter,  the  chair  of  the  board shall collect from all affected employers (A) a sum equal to one hundred fifty  per  centum  of the  total  expected disbursements made from the special disability fund during the year (not including any  disbursements  made  on  account  of anticipated liabilities or waiver agreements funded by bond proceeds and related  earnings),  less the estimated amount of the net assets in such fund expected as of December thirty-first and (B) a  sum  sufficient  to cover debt service, and associated costs (the "debt service assessment") to  be  paid  during  the  calendar  year by the dormitory authority, as calculated in accordance with subparagraph four of this paragraph.  Such assessments  shall  be  included  in  the  assessment  rate  established pursuant to subdivision two of section one  hundred  fifty-one  of  this chapter.  Such  assessments  shall be deposited with the commissioner of taxation and finance  and  transferred  to  the  benefit  of  such  fund following payment of debt service and associated costs, if any, pursuant to section one hundred fifty-one of this chapter.  (4)  The  chair  and  the  commissioner  of  taxation  and finance are authorized and directed to enter into a  financing  agreement  with  the dormitory  authority,  to  be  known  as  the  "special  disability fund financing agreement." Such agreement shall set  forth  the  process  for calculating the annual debt service of the bonds issued by the dormitory authority  and any other associated costs. For purposes of this section, "associated  costs"  may  include  a  coverage  factor,   reserve   fund requirements,  all  costs  of  any  nature  incurred  by  the  dormitory authority in connection  with  the  special  disability  fund  financing agreement  or  pursuant  thereto,  the  operating  costs  of  the waiver agreement  management  office,  the  costs  of  any  independent  audits undertaken   under   this   section,   and   any  other  costs  for  the implementation of this subparagraph and the issuance  of  bonds  by  the dormitory  authority,  including interest rate exchange payments, rebate payments,  liquidity  fees,  credit  provider  fees,   fiduciary   fees, remarketing,  dealer,  auction  agent and related fees and other similar bond-related expenses, unless otherwise funded. By January first of each year, the dormitory authority shall provide to the chair the calculation of the amount expected to be paid by the  dormitory  authority  in  debt service  and  associated  costs  for  purposes  of  calculating the debt service assessment as set forth in subparagraph three of this paragraph. All monies received on account  of  any  assessment  under  subparagraph three  of  this  paragraph  and  this  subparagraph  shall be applied in accordance with this subparagraph and in accordance with  the  financing agreement  until the financial obligations of the dormitory authority in respect to its contract with its bondholders are met and all  associated costs payable to the dormitory authority have been paid, notwithstanding any  other  provision  of  law  respecting  secured  transactions.  This provision may be included by the dormitory authority in any contract  of the dormitory authority with its bondholders.   The   special   disability   fund  financing  agreement  may  restrict disbursements, investments, or rebates, and may prescribe  a  system  of  accounts applicable to the special disability fund, including custody of an  account with a trust indenture trustee that may be prescribed by the dormitory authority as part of its contract with  the  bondholders.  For purposes  of this paragraph, the term "bonds" shall include notes issued in anticipation of the issuance of bonds, or notes issued pursuant to  a commercial paper program.  (5)  The  commissioner of taxation and finance is hereby authorized to receive and credit to such special disability fund any sum or sums  that may  at  any  time  be  contributed to the state by the United States of America under any act of congress, or otherwise, to which the state  may be or become entitled by reason of any payments made out of such fund.  (6) The commissioner of taxation and finance shall be the custodian of said  fund  and, unless otherwise provided for in the special disability fund financing agreement, shall invest any  surplus  or  reserve  moneys thereof  in  securities  which  constitute legal investments for savings banks under the laws of this state and in interest bearing  certificates of  deposit  of  a  bank  or  trust company located and authorized to do business in this state or of a  national  bank  located  in  this  state secured by a pledge of direct obligations of the United States or of the state  of New York in an amount equal to the amount of such certificates of deposit, and may sell  any  of  the  securities  or  certificates  of deposit  in  which  such  fund  is  invested if necessary for the proper administration or in the best interest of such fund. Disbursements  from such  fund  as  provided  by  this  subdivision  shall  be  made  by the commissioner of taxation and finance upon vouchers signed by  the  chair of  the  board  unless  the  financing agreement provides for some other means of authorizing such disbursements that is no  less  protective  of the fund.   The  commissioner  of taxation and finance, as custodian of such fund, annually as soon as practicable after January first,  shall  furnish  to the  chair  of  the workers' compensation board a statement of the fund, setting forth the balance of moneys in the said fund as of the beginning of the calendar year, the income of the fund, the  summary  of  payments out  of  the fund on account of reimbursements and other charges ordered to be paid by the board, and all other charges  against  the  fund,  and setting  forth  the  balance  of  the  fund  remaining  to its credit on December thirty-first. Such statement shall be open to public inspection in the office of the secretary of the board. The chair,  not  less  than ninety  days  after  the  issuance  of  the dormitory authority's annual audit, shall furnish to the temporary president of the  senate  and  the speaker  of the assembly the following reports on the special disability fund: a revenue and operating expense statement;  a  financing  plan;  a report  concerning  the  assets  and  liabilities;  the number of waiver agreements entered into by the waiver agreement management  office;  the number  of  claimants  remaining  in  the  fund;  the  estimated current unfunded liability of the fund with respect to such claims; and  a  debt issuance  report  including  but  not  limited to (i) pledged assessment revenue and securitization coverage, (ii) debt service maturities, (iii) interest rate exchange or similar agreements,  and  (iv)  financing  and issuance costs.   The  commissioner  of  taxation  and  finance may establish within the special disability fund such accounts and  sub-accounts  as  he  or  she deems useful for the operation of the fund, or as necessary to segregate moneys  within  the  fund,  subject  to  the provisions of the financing agreement. The waiver agreement management office, as defined in section thirty-two of this article, shall make application to  the  chair  on  a quarterly basis for any administrative costs incurred by the office.  (i)  When  an  application  for  apportionment of compensation is made under this subdivision, the chair of  the  workers'  compensation  board shall  appoint  an  attorney  to  represent and defend such fund in such proceedings. Such attorney shall  thereafter  be  given  notice  of  all proceedings  involving  the  rights  or  obligations  of such fund. Such attorney may apply to the chair of the board for authority to hire  such medical  and other experts and to defray the expense thereof and of such witnesses as may be necessary to a proper defense of any  claim,  within an amount in the discretion of the chair and, if authorized, such amount shall be a charge against such special disability fund.   The  provisions  of  this chapter with respect to procedure, except as may be otherwise provided in this subdivision, and the right  of  appeal shall  be preserved to the claimant and to the employer or his insurance carrier and to such fund through its attorney as herein provided.  (j) The provisions of this subdivision,  except  as  herein  otherwise provided, shall not be applicable to any case where the accident causing the  subsequent  injury  or  death  or  the  disablement or death from a subsequent occupational disease shall have occurred prior  to  the  time this subdivision, as hereby added, takes effect, provided, however, that any  rights  that have accrued under former subdivision eight or eight-a of this section prior to the time this  subdivision,  as  hereby  added, takes  effect  shall  continue  to  inure  to the benefit of any persons affected thereby as though such subdivisions had not been repealed.  (k) The additional compensation required to be paid by an employer  in the case of the injury of a minor illegally employed, in accordance with the provisions of subdivisions one and two of section fourteen-a of this chapter,  shall  not  be  reimbursable  under  the  provisions  of  this subdivision.  (l) Notwithstanding anything to the contrary in this subdivision, when an employer or  carrier  shall  have  paid  additional  benefits  to  an employee pursuant to subdivision six of section fourteen of this article as  a result of the employee's increased average weekly wages from wages earned in concurrent employment, reimbursement for all  such  additional benefits  shall  be  made  to  the  employer or carrier from the special disability fund created by this subdivision. It shall  not  be  required that  the  employee  had,  either  at  the  time of hiring or during the employment, any previous physical condition or disability, nor shall  it be  required  that  the  employee's  disability  be permanent in nature. Notice of the right to reimbursement shall be filed with  the  board  in writing  prior  to the decision making an award, and reimbursement shall be made periodically, every six months from the decision of the board.   9. Expenses for rehabilitating injured employees. An employee, who  as a  result  of  injury  is  or may be expected to be totally or partially incapacitated for a remunerative occupation and who, under the direction of the state education department is being rendered fit to engage  in  a remunerative  occupation,  may receive additional compensation necessary for his rehabilitation, not more than thirty dollars per week  of  which may   be  expended  for  maintenance.  Such  expense  and  such  of  the administrative  expenses  of  the  state  education  department  as  are properly assignable to the expenses of rehabilitating employees entitled to  compensation  as  a  result of injuries under this chapter, shall be paid out of  a  special  fund  created  in  the  following  manner:  The employer,  or  if  insured,  his  insurance  carrier, shall pay into the vocational rehabilitation fund for every case of injury  causing  death, in  which there are no persons entitled to compensation, the sum of five hundred dollars where such injury occurred prior to July first, nineteen hundred sixty-three and the sum  of  one  thousand  dollars  where  such injury  shall occur on or after July first, nineteen hundred sixty-three  and the sum of two thousand dollars where such injury shall occur on  or after  September first, nineteen hundred seventy-eight. The commissioner of taxation and finance and the state comptroller  shall  be  the  joint custodians  of  this  special  fund  and  may  invest any surplus moneys thereof in securities which constitute  legal  investments  for  savings banks  under the laws of this state and in interest bearing certificates of deposit of a bank or trust  company  located  and  authorized  to  do business  in  this  state  or  of  a national bank located in this state secured by a pledge of direct obligations of the United States or of the state of New York in an amount equal to the amount of such  certificates of  deposit.  He  may also sell any of the securities or certificates of deposit in which such fund is  invested  if  necessary  for  the  proper administration  or in the best interests of such fund. The provisions of this paragraph shall not  apply  with  respect  to  policies  containing coverage   pursuant   to  subdivision  four-a  of  section  one  hundred sixty-seven of the insurance law  relating  to  every  policy  providing comprehensive  personal liability insurance on a one, two, three or four family owner-occupied dwelling.   Disbursements  from  the  vocational  rehabilitation  fund   for   the additional  compensation  provided  for by this section shall be paid by the commissioner of taxation and finance on warrants drawn by the  state comptroller upon vouchers signed by the commissioner of education or the deputy  commissioner  of  education provided that the compensation claim number of an injured employee undergoing vocational  rehabilitation  has been verified by the chairman.   Disbursements    from   the   vocational   rehabilitation   fund   for administrative expenses of the state education department shall be  paid by  the  commissioner  of  taxation and finance on warrants drawn by the state comptroller upon vouchers signed by the commissioner of  education or the deputy commissioner of education.