2023 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.  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 January first, two thousand twenty-four and before
January first, two thousand twenty-five  shall  not  be  less  than  two
hundred  seventy-five  dollars  per  week  except that if the employee's
wages at the time of injury  are  less  than  two  hundred  seventy-five
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 January first, two thousand twenty-five and before July first, two
thousand  twenty-six  shall  not  be less than three hundred twenty-five
dollars per week except that if the employee's  wages  at  the  time  of
injury  are  less  than  three hundred twenty-five 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 July  first,  two  thousand
twenty-six  and on or after July first of each succeeding year shall not
be less than one-fifth of the New York state average weekly wage for the
year in which it is reported except that if the employee's weekly  wages
are equal to or less than one-fifth of the New York state average weekly
wage  for  the  year in which it is reported, 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
one of the veterans' services law, and received a discharge  other  than
bad  conduct  or dishonorable from such service, or (iii) are discharged
LGBT veterans, as defined in section one of the veterans' services  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.