Text of NY A 8844 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A08844 Summary: BILL NOA08844 SAME ASNo same as SPONSORRules (Silver) COSPNSRSweeney MLTSPNSR Add Art 10-B SS375 - 382, amd S16, Work Comp L Enacts the "workers' compensation act for World Trade Center volunteer rescue workers"; includes certain domestic partners within the definition of spouse for purposes of death benefits.Go to top A08844 Text: STATE OF NEW YORK ________________________________________________________________________ 8844 2003-2004 Regular Sessions IN ASSEMBLY June 6, 2003 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Silver) -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to enacting the "workers' compensation act for World Trade Center volunteer rescue workers"; and to include certain domestic partners in the definition of spouse for purposes of death benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The workers' compensation law is amended by adding a new 2 article 10-B to read as follows: 3 ARTICLE 10-B 4 WORKERS' COMPENSATION ACT FOR WORLD TRADE CENTER 5 VOLUNTEER RESCUE WORKERS 6 Section 375. Short title. 7 376. Declaration of legislative findings and intent. 8 377. Definitions. 9 378. Provision of workers' compensation for World Trade Center 10 volunteer rescue workers. 11 379. Compensation provided. 12 380. Determination of contested claims for compensation. 13 381. Application of other provisions of this chapter. 14 382. Separability of provisions. 15 § 375. Short title. This article shall be known and may be cited as 16 the "workers' compensation act for World Trade Center volunteer rescue 17 workers". 18 § 376. Declaration of legislative findings and intent. The legislature 19 finds and declares that many individuals demonstrated extraordinary 20 compassion and bravery in serving selflessly as volunteers performing 21 rescue services at the site of the terrorist attack of September elev- 22 enth, two thousand one, at the World Trade Center in New York City, also 23 known as "ground zero". The legislature further finds and declares that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14944-01-3 A. 8844 2 1 although no measure can ever adequately repay the immeasurable debt owed 2 by a people to the individuals among us who rose to the aid of the 3 victims of the attack in selfless disregard for their own health and 4 safety, the legislature nevertheless seeks to express its everlasting 5 gratitude, on its own behalf and on behalf of the people of the state of 6 New York, and as part of that expression to provide for compensation to 7 these volunteers for any injury or disease incurred, or for death 8 suffered, as a consequence of their volunteer service. It is the intent 9 of the legislature to recognize and honor the courage, sacrifice, and 10 generosity of spirit of the volunteer health workers, iron workers, 11 construction workers, and many others who so unselfishly undertook to 12 aid the victims of the attack and who in so doing, also helped the 13 community of the people of this state heal the wounds inflicted from a 14 heinous and cowardly attack on our people. It is the further intent of 15 the legislature that any volunteer rescue worker who incurs injury or 16 disease or suffers death as a consequence of his or her service should 17 and shall be awarded workers' compensation benefits. 18 § 377. Definitions. Except as otherwise provided in this article, 19 terms used in this article shall have the meaning given to such terms in 20 articles one to eight, inclusive, of this chapter. 21 1. "World Trade Center volunteer rescue worker" shall include all 22 persons who rendered service under the direction and control of an 23 authorized rescue entity on or after the September eleventh, two thou- 24 sand one, terrorist attack on the World Trade Center until on or about 25 May thirtieth, two thousand two when rescue and recovery efforts ended, 26 at or in the vicinity thereof, without remuneration or compensation. 27 2. "Authorized rescue entity" shall include all entities authorized to 28 render service on or after the September eleventh, two thousand one, 29 terrorist attack on the World Trade Center until on or about May thirti- 30 eth, two thousand two when rescue and recovery efforts ended, at or in 31 the vicinity thereof, by any federal, state, municipal, or other govern- 32 mental agency, authority, organization, or official. 33 3. "Injury" within the meaning of this article means only accidental 34 injury arising in the course of service conducted under the direction 35 and control of an authorized rescue entity on or after the September 36 eleventh, two thousand one, terrorist attack on the World Trade Center 37 until on or about May thirtieth, two thousand two when rescue and recov- 38 ery efforts ended, at or in the vicinity thereof, and disease or 39 infection that may be sustained or death incurred either as the natural 40 and unavoidable result thereof or of exposure to substances in the 41 course of such service, and shall include such injury, disease, 42 infection, or death sustained or incurred while travelling to or from 43 the site of such service. 44 4. "Evidence of service conducted under the direction and control of 45 an authorized rescue entity" shall include hospital, medical center and 46 clinic records from the various clinics, posts, stations, or triage 47 centers established at or in the vicinity of the World Trade Center in 48 connection with the treatment of injured persons indicating volunteer 49 service rendered thereat. 50 § 378. Provision of workers' compensation for World Trade Center 51 volunteer rescue workers. A World Trade Center volunteer rescue worker 52 performing services under the direction and control of an authorized 53 rescue entity shall be deemed employed for the purposes of initiating 54 and making claim for compensation benefits as provided in this article 55 for disability or death proximately caused by injury, disease or 56 infection sustained or incurred in the course of such volunteer service A. 8844 3 1 without regard to fault as to cause of injury, disease or infection from 2 the federal funds deposited in the New York state uninsured employers' 3 fund created under section twenty-six-a of this chapter. 4 § 379. Compensation provided. Notwithstanding any other provision of 5 law, the schedule of special compensation for World Trade Center volun- 6 teer rescue workers under this article is hereby established as follows: 7 1. Permanent total disability benefits. The provisions of section 8 eight of the volunteer firefighters' benefit law shall be applicable as 9 fully as if set forth in this article, except that the waiting period of 10 seven days for the presentation of claims for benefits shall not apply 11 to the presentation of claims for benefits under this article, and 12 provided that references in section eight of the volunteer firefighters' 13 benefit law to volunteer firefighters shall be deemed to mean and refer 14 to World Trade Center volunteer rescue workers. 15 2. Temporary total disability benefits. The provisions of section nine 16 of the volunteer firefighters' benefit law shall be applicable as fully 17 as if set forth in this article, except that the waiting period of seven 18 days for the presentation of claims for benefits shall not apply to the 19 presentation of claims for benefits under this article, and provided 20 that references in section nine of the volunteer firefighters' benefit 21 law to volunteer firefighters shall be deemed to mean and refer to World 22 Trade Center volunteer rescue workers. 23 3. Permanent partial disability benefits. The provisions of section 24 ten of the volunteer firefighters' benefit law shall be applicable as 25 fully as if set forth in this article, except that the waiting period of 26 seven days for the presentation of claims for benefits shall not apply 27 to the presentation of claims for benefits under this article, and 28 provided that references in section ten of the volunteer firefighters' 29 benefit law to volunteer firefighters shall be deemed to mean and refer 30 to World Trade Center volunteer rescue workers. 31 4. Temporary partial disability benefits. The provisions of section 32 eleven of the volunteer firefighters' benefit law shall be applicable as 33 fully as if set forth in this article, except that the waiting period of 34 seven days for the presentation of claims for benefits shall not apply 35 to the presentation of claims for benefits under this article, and 36 provided that references in section eleven of the volunteer firefight- 37 ers' benefit law to volunteer firefighters shall be deemed to mean and 38 refer to World Trade Center volunteer rescue workers. 39 5. Medical treatment and care. The provisions of section sixteen of 40 the volunteer firefighters' benefit law shall be applicable as fully as 41 if set forth in this article, except that the waiting period of seven 42 days for the presentation of claims for benefits shall not apply to the 43 presentation of claims for benefits under this article, and provided 44 that references in section sixteen of the volunteer firefighters' bene- 45 fit law to volunteer firefighters shall be deemed to mean and refer to 46 World Trade Center volunteer rescue workers. 47 6. Death benefits. The provisions of section seven of the volunteer 48 firefighters' benefit law shall be applicable as fully as if set forth 49 in this article, except that the waiting period of seven days for the 50 presentation of claims for benefits shall not apply to the presentation 51 of claims for benefits under this article, and provided that references 52 in section seven of the volunteer firefighters' benefit law to volunteer 53 firefighters shall be deemed to mean and refer to World Trade Center 54 volunteer rescue workers. 55 § 380. Determination of contested claims for compensation. A World 56 Trade Center volunteer rescue worker may file with the board a notice A. 8844 4 1 that his or her claim for compensation under this article has not been 2 paid, and the board shall have full power and authority to determine all 3 issues in relation to every such claim and shall file its decision in 4 the office of the chairman. The decision of the board shall be final as 5 to all questions of fact and, except as provided in section twenty-three 6 of this chapter, as to all questions of law. 7 § 381. Application of other provisions of this chapter. All the powers 8 and duties conferred or imposed upon the chairman and board by this 9 chapter that are necessary for the administration of this article and 10 not inconsistent therewith are, to that extent, hereby made applicable 11 to this article. The several rights, privileges and obligations set 12 forth in other articles of this chapter, and not inconsistent with the 13 rights, privileges and obligations provided herein, are deemed incorpo- 14 rated in this article and are made a part hereof. 15 § 382. Separability of provisions. If any provisions of this article 16 or the application thereof to any person or circumstances is held inval- 17 id, the remainder of this article and the application of such provision 18 to other persons or circumstances shall not be affected thereby. 19 § 2. Subdivision 1-a of section 16 of the workers' compensation law, 20 as amended by chapter 168 of the laws of 1979, is amended to read as 21 follows: 22 1-a. For the purpose of this section, (1) the term dependent blind or 23 physically disabled as used herein in relation to dependent children 24 shall be deemed to mean totally blind or physically disabled children 25 whose disablement is total and permanent, (2) the term surviving spouse 26 shall be deemed to mean (a) the legal spouse but shall not include a 27 spouse who has abandoned the deceased, and (b) the domestic partner of 28 the deceased, provided that the domestic partner has registered as such 29 with any state or local registry or has been denominated as such for 30 purposes of any medical or life insurance or other employee benefit plan 31 of the deceased, and (3) the term abandoned shall be deemed to mean such 32 an abandonment as would be sufficient under section two hundred of the 33 domestic relations law to sustain a judgment of separation on that 34 ground. 35 § 3. This act shall take effect immediately, and shall be deemed to 36 have been in full force and effect on and after September 11, 2001. Go to top Sitemap Request Information Directions and Maps