Text of NY S 4693 (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 S04693 Summary: BILL NOS04693 SAME ASNo same as SPONSORVELELLA COSPNSR 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 S04693 Text: STATE OF NEW YORK ________________________________________________________________________ 4693 2003-2004 Regular Sessions IN SENATE April 14, 2003 ___________ Introduced by Sen. VELELLA -- read twice and ordered printed, and when printed to be committed 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 amend the workers' compensation law, in relation to including 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14217-01-3 S. 4693 2 1 known as "ground zero". The legislature further finds and declares that 2 although no measure can ever adequately repay the immeasurable debt owed 3 by a people to the individuals among us who rose to the aid of the 4 victims of the attack in selfless disregard for their own health and 5 safety, the legislature nevertheless seeks to express its everlasting 6 gratitude, on its own behalf and on behalf of the people of the state of 7 New York, and as part of that expression to provide for compensation to 8 these volunteers for any injury or disease incurred, or for death 9 suffered, as a consequence of their volunteer service. It is the intent 10 of the legislature to recognize and honor the courage, sacrifice, and 11 generosity of spirit of the volunteer health workers, iron workers, 12 construction workers, and many others who so unselfishly undertook to 13 aid the victims of the attack and who in so doing, also helped the 14 community of the people of this state heal the wounds inflicted from a 15 heinous and cowardly attack on our people. It is the further intent of 16 the legislature that any volunteer rescue worker who incurs injury or 17 disease or suffers death as a consequence of his or her service should 18 and shall be awarded workers' compensation benefits. 19 § 377. Definitions. Except as otherwise provided in this article, 20 terms used in this article shall have the meaning given to such terms in 21 articles one to eight, inclusive, of this chapter. 22 1. "World Trade Center volunteer rescue worker" shall include all 23 persons who rendered service under the direction and control of an 24 authorized rescue entity on or after the September eleventh, two thou- 25 sand one, terrorist attack on the World Trade Center through and includ- 26 ing September eighteenth, two thousand one, at or in the vicinity there- 27 of, without remuneration or compensation. 28 2. "Authorized rescue entity" shall include all entities authorized to 29 render service on or after the September eleventh, two thousand one, 30 terrorist attack on the World Trade Center through and including Septem- 31 ber eighteenth, two thousand one, at or in the vicinity thereof, by any 32 federal, state, municipal, or other governmental agency, authority, 33 organization, or official. 34 3. "Injury" within the meaning of this article means only accidental 35 injury arising in the course of service conducted under the direction 36 and control of an authorized rescue entity on or after the September 37 eleventh, two thousand one, terrorist attack on the World Trade Center 38 through and including September eighteenth, two thousand one, at or in 39 the vicinity thereof, and disease or infection that may be sustained or 40 death incurred either as the natural and unavoidable result thereof or 41 of exposure to substances in the course of such service, and shall 42 include such injury, disease, infection, or death sustained or incurred 43 while travelling to or from 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 to be in special employment of the city of 54 New York. Workers' compensation benefits are provided in this article 55 for disability or death proximately caused by injury, disease, or S. 4693 3 1 infection sustained or incurred in the course of such special employment 2 without regard to fault as to cause of injury, disease, or infection. 3 § 379. Compensation provided. Notwithstanding any other provision of 4 law, the schedule of special compensation for World Trade Center volun- 5 teer rescue workers under this article is hereby established as follows: 6 1. Permanent total disability benefits. The provisions of section 7 eight of the volunteer firefighters' benefit law shall be applicable as 8 fully as if set forth in this article, except that the waiting period of 9 seven days for the presentation of claims for benefits shall not apply 10 to the presentation of claims for benefits under this article, and 11 provided that references in section eight of the volunteer firefighters' 12 benefit law to volunteer firefighters shall be deemed to mean and refer 13 to World Trade Center volunteer rescue workers. 14 2. Temporary total disability benefits. The provisions of section nine 15 of the volunteer firefighters' benefit law shall be applicable as fully 16 as if set forth in this article, except that the waiting period of seven 17 days for the presentation of claims for benefits shall not apply to the 18 presentation of claims for benefits under this article, and provided 19 that references in section nine of the volunteer firefighters' benefit 20 law to volunteer firefighters shall be deemed to mean and refer to World 21 Trade Center volunteer rescue workers. 22 3. Permanent partial disability benefits. The provisions of section 23 ten of the volunteer firefighters' benefit law shall be applicable as 24 fully as if set forth in this article, except that the waiting period of 25 seven days for the presentation of claims for benefits shall not apply 26 to the presentation of claims for benefits under this article, and 27 provided that references in section ten of the volunteer firefighters' 28 benefit law to volunteer firefighters shall be deemed to mean and refer 29 to World Trade Center volunteer rescue workers. 30 4. Temporary partial disability benefits. The provisions of section 31 eleven of the volunteer firefighters' benefit law shall be applicable as 32 fully as if set forth in this article, except that the waiting period of 33 seven days for the presentation of claims for benefits shall not apply 34 to the presentation of claims for benefits under this article, and 35 provided that references in section eleven of the volunteer firefight- 36 ers' benefit law to volunteer firefighters shall be deemed to mean and 37 refer to World Trade Center volunteer rescue workers. 38 5. Medical treatment and care. The provisions of section sixteen of 39 the volunteer firefighters' benefit law shall be applicable as fully as 40 if set forth in this article, except that the waiting period of seven 41 days for the presentation of claims for benefits shall not apply to the 42 presentation of claims for benefits under this article, and provided 43 that references in section sixteen of the volunteer firefighters' bene- 44 fit law to volunteer firefighters shall be deemed to mean and refer to 45 World Trade Center volunteer rescue workers. 46 6. Death benefits. The provisions of section seven of the volunteer 47 firefighters' benefit law shall be applicable as fully as if set forth 48 in this article, except that the waiting period of seven days for the 49 presentation of claims for benefits shall not apply to the presentation 50 of claims for benefits under this article, and provided that references 51 in section seven of the volunteer firefighters' benefit law to volunteer 52 firefighters shall be deemed to mean and refer to World Trade Center 53 volunteer rescue workers. 54 § 380. Determination of contested claims for compensation. A World 55 Trade Center volunteer rescue worker may file with the board a notice 56 that his or her claim for compensation under this article has not been S. 4693 4 1 paid, and the board shall have full power and authority to determine all 2 issues in relation to every such claim and shall file its decision in 3 the office of the chairman. The decision of the board shall be final as 4 to all questions of fact and, except as provided in section twenty-three 5 of this chapter, as to all questions of law. 6 § 381. Application of other provisions of this chapter. All the powers 7 and duties conferred or imposed upon the chairman and board by this 8 chapter that are necessary for the administration of this article and 9 not inconsistent therewith are, to that extent, hereby made applicable 10 to this article. The several rights, privileges and obligations set 11 forth in other articles of this chapter, and not inconsistent with the 12 rights, privileges and obligations provided herein, are deemed incorpo- 13 rated in this article and are made a part hereof. 14 § 382. Separability of provisions. If any provisions of this article 15 or the application thereof to any person or circumstances is held inval- 16 id, the remainder of this article and the application of such provision 17 to other persons or circumstances shall not be affected thereby. 18 § 2. Subdivision 1-a of section 16 of the workers' compensation law, 19 as amended by chapter 168 of the laws of 1979, is amended to read as 20 follows: 21 1-a. For the purpose of this section, (1) the term dependent blind or 22 physically disabled as used herein in relation to dependent children 23 shall be deemed to mean totally blind or physically disabled children 24 whose disablement is total and permanent, (2) the term surviving spouse 25 shall be deemed to mean (a) the legal spouse but shall not include a 26 spouse who has abandoned the deceased, and (b) the domestic partner of 27 the deceased, provided that the domestic partner has registered as such 28 with any state or local registry or has been denominated as such for 29 purposes of any medical or life insurance or other employee benefit plan 30 of the deceased, and (3) the term abandoned shall be deemed to mean such 31 an abandonment as would be sufficient under section two hundred of the 32 domestic relations law to sustain a judgment of separation on that 33 ground. 34 § 3. This act shall take effect immediately, and shall be deemed to 35 have been in full force and effect on and after September 11, 2001. Go to top Sitemap Request Information Directions and Maps