2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 2 - (9 - 35) COMPENSATION
15 - Schedule in case of disability.


NY Work Comp L § 15 (2012) What's This?
 
    §  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,  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  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.
    4.  Effect  of  award.  An  award made to a claimant under subdivision
  three shall in case of death arising from causes other than  the  injury
  be payable to and for the benefit of the persons following:
    a.  If  there be a surviving spouse and no child of the deceased under
  the age of eighteen years, to such spouse.
    b. If there be a surviving spouse and surviving child or  children  of
  the  deceased under the age of eighteen years, one-half shall be payable

  to the surviving spouse and the other half to  the  surviving  child  or
  children.
    The  board may in its discretion require the appointment of a guardian
  for the purpose of receiving the compensation of the minor child. In the
  absence of such a requirement by the board the appointment  for  such  a
  purpose shall not be necessary.
    c. If there be a surviving child or children of the deceased under the
  age  of  eighteen  years,  but no surviving spouse then to such child or
  children.
    d. If there be no surviving spouse and no surviving child or  children
  of  the deceased under the age of eighteen years, then to such dependent
  or dependents as defined in section sixteen of this chapter, as directed
  by the board; and if there be no such dependents, then to the estate  of
  such  deceased in an amount not exceeding reasonable funeral expenses as
  provided in subdivision one of section sixteen of this chapter,  or,  if
  there be no estate, to the person or persons paying the funeral expenses
  of  such deceased in an amount not exceeding reasonable funeral expenses
  as provided in subdivision one of section sixteen of this chapter.
    An award for disability may be made after the  death  of  the  injured
  employee.
    4-a.   Protracted   temporary  total  disability  in  connection  with
  permanent partial disability. In case of temporary total disability  and
  permanent partial disability both resulting from the same injury, if the
  temporary total disability continues for a longer period than the number
  of  weeks  set  forth in the following schedule, the period of temporary
  total disability in excess of such number of weeks shall be added to the
  compensation period provided in subdivision three of this section:  Arm,
  thirty-two  weeks;  leg,  forty  weeks;  hand,  thirty-two  weeks; foot,
  thirty-two weeks; ear, twenty-five  weeks;  eye,  twenty  weeks;  thumb,
  twenty-four  weeks;  first  finger,  eighteen  weeks;  great toe, twelve
  weeks; second finger, twelve weeks; third finger,  eight  weeks;  fourth
  finger, eight weeks; toe other than great toe, eight weeks.
    In  any  case  resulting  in  loss or partial loss of use of arm, leg,
  hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total
  disability  does  not extend beyond the periods above mentioned for such
  injury, compensation shall be  limited  to  the  schedule  contained  in
  subdivision three.
    5.   Temporary  partial  disability.  In  case  of  temporary  partial
  disability resulting in decrease of earning capacity,  the  compensation
  shall  be  two-thirds  of  the difference between the injured employee's
  average weekly wages before the accident and his wage  earning  capacity
  after the accident in the same or other employment.
    5-a. Determination of wage earning capacity. The wage earning capacity
  of  an  injured  employee  in  cases  of  partial  disability  shall  be
  determined by his actual earnings, provided, however, that if he has  no
  such  actual  earnings the board may in the interest of justice fix such
  wage earning capacity as shall be  reasonable,  but  not  in  excess  of
  seventy-five  per centum of his former full time actual earnings, having
  due regard to the nature of his injury and his physical impairment.
    5-b. Non-schedule adjustments. Notwithstanding any other provision  of
  this  chapter,  in any case coming within the provisions of subdivisions
  three or five of this section, in which the right  to  compensation  has
  been  established and compensation has been paid for not less than three
  months, in which the continuance of disability  and  of  future  earning
  capacity cannot be ascertained with reasonable certainty, the board may,
  in  the interest of justice, approve a non-schedule adjustment agreed to
  between the claimant and the employer  or  his  insurance  carrier.  The
  board  shall require, before approving any such agreement, that there be

  an examination of the claimant in accordance with  section  nineteen  of
  this  chapter,  and  such  approval shall only be given when it is found
  that the adjustment is fair and in the best interest  of  the  claimant.
  The board may, in such case, order all future compensation to be paid in
  one  or more lump sums or periodically, and any such adjustment shall be
  regarded as a closing of the claim unless the board find upon proof that
  there has been a change in condition or in the degree of  disability  of
  claimant   not  found  in  the  medical  evidence  and,  therefore,  not
  contemplated at the time of the adjustment.
    6. Maximum and minimum compensation for disability.  (a)  Compensation
  for  permanent  or  temporary  total  disability  due  to an accident or
  disablement resulting from an occupational disease that occurs,  (1)  on
  or after January first, nineteen hundred seventy-eight, shall not exceed
  one  hundred  twenty-five  dollars per week, that occurs (2) on or after
  July first, nineteen hundred seventy-eight, shall not exceed one hundred
  eighty dollars per week, that occurs (3)  on  or  after  January  first,
  nineteen  hundred  seventy-nine,  shall  not  exceed two hundred fifteen
  dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
  hundred  eighty-three,  shall  not exceed two hundred fifty-five dollars
  per week, that occurs (5) on  or  after  July  first,  nineteen  hundred
  eighty-four, shall not exceed two hundred seventy-five dollars per week,
  that  occurs  (6)  on or after July first, nineteen hundred eighty-five,
  shall not exceed three hundred dollars per week, that occurs (7)  on  or
  after  July  first,  nineteen  hundred  ninety,  shall  not exceed three
  hundred forty dollars per week; and  in  the  case  of  temporary  total
  disability  shall  not  be  less than thirty dollars per week and in the
  case of permanent total disability shall not be less than twenty dollars
  per week except that if the employee's wages at the time of  injury  are
  less  than  thirty  or  twenty  dollars per week respectively, he or she
  shall receive his or her full weekly wages.  Compensation for  permanent
  or  temporary  partial  disability  due  to  an  accident or disablement
  resulting from an occupational disease  that  occurs  (1)  on  or  after
  January  first,  nineteen  hundred  seventy-eight,  shall not exceed one
  hundred five dollars per week, that occurs (2) on or after  July  first,
  nineteen  hundred eighty-three, shall not exceed one hundred twenty-five
  dollars per week, that occurs (3)  on  or  after  July  first,  nineteen
  hundred  eighty-four,  shall  not exceed one hundred thirty-five dollars
  per week, that occurs (4) on  or  after  July  first,  nineteen  hundred
  eighty-five,  shall  not exceed one hundred fifty dollars per week, that
  occurs (5) on or after July first, nineteen hundred  ninety,  shall  not
  exceed  two  hundred  eighty  dollars  per week; nor be less than twenty
  dollars per week; except that if the employee's wages  at  the  time  of
  injury  are  less  than twenty dollars per week, he or she shall receive
  his or her full weekly  wages.  In  no  event  shall  compensation  when
  combined  with  decreased earnings or earning capacity exceed the amount
  of wages which the  employee  was  receiving  at  the  time  the  injury
  occurred. Compensation for permanent or temporary partial disability, or
  for  permanent  or  temporary  total  disability  due  to an accident or
  disablement resulting from an occupational disease that occurs (1) on or
  after July first, nineteen hundred ninety-one and prior to  July  first,
  nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
  dollars  per  week;  (2)  on  or  after  July  first,  nineteen  hundred
  ninety-two,  shall not exceed four hundred dollars per week; nor be less
  than forty dollars per week except that if the employee's wages  at  the
  time  of injury are less than forty dollars per week, the employee shall
  receive his or her full wages. Compensation for permanent  or  temporary
  partial  disability,  or for permanent or temporary total disability due
  to an accident or disablement resulting  from  an  occupational  disease

  that  occurs  (1)  on  or after July first, two thousand seven shall not
  exceed five hundred dollars per week, (2) on or after  July  first,  two
  thousand eight shall not exceed five hundred fifty dollars per week, (3)
  on  or  after July first, two thousand nine shall not exceed six hundred
  dollars per week, and (4) on or after July first, two thousand ten,  and
  on  or  after  July  first  of  each  succeeding  year, shall not exceed
  two-thirds of the New York state average weekly wage  for  the  year  in
  which  it  is  reported. Compensation for permanent or temporary partial
  disability, or for permanent or temporary total  disability  due  to  an
  accident  or  disablement  resulting  from  an occupational disease that
  occurs on or after July first, two thousand seven shall not be less than
  one hundred dollars per week except that if the employee's wages at  the
  time  of injury are less than one hundred dollars per week, the employee
  shall receive his or her full wages.    Compensation  for  permanent  or
  temporary  partial  disability,  or  for  permanent  or  temporary total
  disability  due  to  an  accident  or  disablement  resulting  from   an
  occupational  disease  that  occurs  on or after May first, two thousand
  thirteen shall not be less than  one  hundred  fifty  dollars  per  week
  except  that if the employee's wages at the time of injury are less than
  one hundred fifty dollars per week, the employee shall  receive  his  or
  her  full  wages.  In  no  event  shall  compensation when combined with
  decreased earnings or earning capacity exceed the amount  of  wages  the
  employee was receiving at the time the injury occurred. Compensation for
  permanent or temporary partial disability, or for permanent or temporary
  total  disability  due  to  an accident or disablement resulting from an
  occupational disease or injury that occurred as a result of World  Trade
  Center  rescue  activity by an employee of a private voluntary hospital,
  who passed a physical examination upon employment  as  a  rescue  worker
  that  failed  to  reveal  evidence of a condition that was the proximate
  cause of disablement or occupational disease or injury, shall not exceed
  three-quarters of a claimant's wage on September eleventh, two  thousand
  one.  In  no  event  shall  compensation  when  combined  with decreased
  earnings or earning capacity exceed the amount of wages the employee was
  receiving on September eleventh, two thousand one.
    (b) Compensation for temporary total disability due to an accident  or
  disablement  resulting  from  an  occupational disease that occurs on or
  after July first, nineteen  hundred  seventy-four,  and  prior  to  July
  first,  nineteen  hundred  seventy-eight,  shall  not exceed one hundred
  twenty-five dollars per week nor be less than thirty dollars  per  week;
  except  that if the employee's wages at the time of injury are less than
  thirty dollars per  week,  he  shall  receive  his  full  weekly  wages.
  Compensation   for  permanent  total  disability  or  for  permanent  or
  temporary partial disability due to an accident or disablement resulting
  from an occupational  disease  that  occurs  on  or  after  July  first,
  nineteen  hundred  seventy-four,  and  prior  to January first, nineteen
  hundred seventy-eight, shall not exceed ninety-five  dollars  per  week;
  nor  be less than twenty dollars per week; except that if the employee's
  wages at the time of injury are less than twenty dollars  per  week,  he
  shall receive his full weekly wages. In no event shall compensation when
  combined  with  decreased earnings or earning capacity exceed the amount
  of wages which the  employee  was  receiving  at  the  time  the  injury
  occurred.
    (c)  Compensation for temporary total disability due to an accident or
  disablement resulting from an occupational disease  that  occurs  on  or
  after  July  first,  nineteen  hundred  seventy and prior to July first,
  nineteen hundred seventy-four, shall not exceed ninety-five dollars  per
  week  nor  be  less  than  thirty  dollars  per week; except that if the
  employee's wages at the time of injury are less than thirty dollars  per

  week, he shall receive his full weekly wages. Compensation for permanent
  total disability or for permanent or temporary partial disability due to
  an  accident  or disablement resulting from an occupational disease that
  occurs  on  or  after  July first, nineteen hundred seventy and prior to
  July first, nineteen  hundred  seventy-four,  shall  not  exceed  eighty
  dollars  per week; nor be less than twenty dollars per week; except that
  if the employee's wages at the time  of  injury  are  less  than  twenty
  dollars  per  week,  he shall receive his full weekly wages. In no event
  shall compensation when combined  with  decreased  earnings  or  earning
  capacity  exceed the amount of wages which the employee was receiving at
  the time the injury occurred.
    (d) Compensation for temporary total disability due to an accident  or
  disablement  resulting  from  an  occupational disease that occurs on or
  after July first, nineteen hundred sixty-eight, and prior to July first,
  nineteen hundred seventy, shall not exceed eighty-five dollars per  week
  nor  be less than thirty dollars per week; except that if the employee's
  wages at the time of injury are less than thirty dollars  per  week,  he
  shall  receive  his  full weekly wages. Compensation for permanent total
  disability or for permanent or temporary partial disability  due  to  an
  accident  or  disablement  resulting  from  an occupational disease that
  occurs on or after July first, nineteen hundred sixty-eight,  and  prior
  to  July  first,  nineteen  hundred  seventy,  shall  not exceed seventy
  dollars per week; nor be less than twenty dollars per week; except  that
  if  the  employee's  wages  at  the  time of injury are less than twenty
  dollars per week, he shall receive his full weekly wages.  In  no  event
  shall  compensation  when  combined  with  decreased earnings or earning
  capacity exceed the amount of wages which the employee was receiving  at
  the time the injury occurred.
    (e) Compensation for permanent or temporary partial disability, or for
  permanent   or   temporary  total  disability  due  to  an  accident  or
  disablement resulting from an occupational disease  that  occurs  on  or
  after  July first, nineteen hundred sixty-five, and prior to July first,
  nineteen hundred sixty-eight, shall not exceed sixty dollars  per  week;
  nor  be less than twenty dollars per week; except that if the employee's
  wages at the time of injury are less than twenty dollars  per  week,  he
  shall receive his full weekly wages. In no event shall compensation when
  combined  with  decreased earnings or earning capacity exceed the amount
  of wages which the  employee  was  receiving  at  the  time  the  injury
  occurred.
    (f) Compensation for permanent or temporary partial disability, or for
  permanent   or   temporary  total  disability  due  to  an  accident  or
  disablement resulting from an occupational disease  that  occurs  on  or
  after  July  first,  nineteen  hundred sixty-two and prior to July first
  nineteen hundred sixty-five, shall not  exceed  fifty-five  dollars  per
  week;  nor  be  less  than  twenty  dollars per week; except that if the
  employee's wages at the time of injury are less than twenty dollars  per
  week,  he  shall  receive  his  full  weekly  wages.  In  no event shall
  compensation when combined with decreased earnings or  earning  capacity
  exceed  the amount of wages which the employee was receiving at the time
  the injury occurred.
    (g) Compensation for permanent or temporary partial disability, or for
  permanent  or  temporary  total  disability  due  to  an   accident   or
  disablement  resulting  from  an  occupational disease that occurs on or
  after July first, nineteen  hundred  sixty  and  prior  to  July  first,
  nineteen hundred sixty-two, shall not exceed fifty dollars per week; nor
  be  less  than  twenty  dollars  per week, except that if the employee's
  wages at the time of injury are less than twenty dollars  per  week,  he
  shall receive his full weekly wages. In no event shall compensation when

  combined  with  decreased earnings or earning capacity exceed the amount
  of wages which the  employee  was  receiving  at  the  time  the  injury
  occurred.
    (h) Compensation for permanent or temporary partial disability, or for
  permanent   or   temporary  total  disability  due  to  an  accident  or
  disablement resulting from an occupational disease  that  occurs  on  or
  after  July first, nineteen hundred fifty-eight and prior to July first,
  nineteen hundred sixty, shall not exceed forty-five  dollars  per  week;
  nor,  except in cases of permanent total disability, be less than twenty
  dollars per week; except that if the employee's wages  at  the  time  of
  injury  are less than twenty dollars per week, he shall receive his full
  weekly wages; further provided, that in each  case  of  permanent  total
  disability  minimum  compensation  shall not be less than twenty dollars
  per week, except that where the employee's wages at the time  of  injury
  are  less  than twenty dollars per week he shall receive his full weekly
  wages. In no event  shall  compensation  when  combined  with  decreased
  earnings  or  earning  capacity  exceed  the  amount  of wages which the
  employee was receiving at the time the injury occurred.
    (i) Compensation for permanent or temporary partial disability, or for
  permanent  or  temporary  total  disability  due  to  an   accident   or
  disablement  resulting  from  an  occupational disease that occurs on or
  after July first, nineteen hundred fifty-four and prior to  July  first,
  nineteen  hundred  fifty-eight,  shall not exceed thirty-six dollars per
  week; nor, except in cases of permanent total disability, be  less  than
  twelve dollars per week; except that if the employee's wages at the time
  of  injury  are  less than twelve dollars per week, he shall receive his
  full weekly wages; further provided, that  in  each  case  of  permanent
  total  disability  minimum  compensation  shall not be less than fifteen
  dollars per week, except that where the employee's wages at the time  of
  injury  are less than fifteen dollars per week he shall receive his full
  weekly  wages.  In  no  event  shall  compensation  when  combined  with
  decreased  earnings or earning capacity exceed the amount of wages which
  the employee was receiving at the time the injury occurred.
    (j) Compensation for permanent or temporary partial disability, or for
  permanent  or  temporary  total  disability  due  to  an   accident   or
  disablement  resulting  from  an  occupational disease that occurs on or
  after July first, nineteen hundred forty-eight and prior to July  first,
  nineteen  hundred  fifty-four,  shall  not exceed thirty-two dollars per
  week and compensation for permanent or temporary partial disability,  or
  for  permanent  or  temporary  total  disability  due  to an accident or
  disablement resulting from an occupational disease  that  occurs  on  or
  after  June  first, nineteen hundred forty-six, and prior to July first,
  nineteen hundred forty-eight, shall not exceed twenty-eight dollars  per
  week;  nor,  except in cases of permanent total disability, be less than
  twelve dollars per week; except that if the employee's wages at the time
  of injury are less than twelve dollars per week, he  shall  receive  his
  full  weekly  wages;  further  provided,  that in each case of permanent
  total disability minimum compensation shall not  be  less  than  fifteen
  dollars  per week, except that where the employee's wages at the time of
  injury are less than fifteen dollars per week, he shall receive his full
  weekly wages but in no  event  shall  compensation  when  combined  with
  decreased  earnings or earning capacity exceed the amount of wages which
  the employee was receiving at the  time  the  injury  occurred;  further
  provided,  that compensation may be in excess of twenty-five dollars but
  shall  not  exceed  twenty-eight  dollars  per  week  for  permanent  or
  temporary  total  disability due to an accident or disablement resulting
  from an occupational disease that  occurred  on  or  after  June  first,
  nineteen  hundred  forty-four, and prior to July first, nineteen hundred

  forty-eight, and in each case  of  temporary  total  disability  minimum
  compensation shall not be less than twelve dollars per week, except that
  where  the  employee's  wages at the time of injury are less than twelve
  dollars  per  week,  he shall receive his full weekly wages; and further
  provided  that,  because  of  existing  conditions  due   to   the   war
  compensation  for  permanent  or  temporary  total  disability may be in
  excess of twenty-five dollars but shall not exceed twenty-eight  dollars
  per  week  for  any  period of disability arising out of claims accruing
  during the three year period commencing  June  first,  nineteen  hundred
  forty-four.
    6-a.  Reclassification of disabilities. Subject to the limitations set
  forth in sections twenty-five-a and one  hundred  twenty-three  of  this
  chapter,  the  board  may,  at  any  time, without regard to the date of
  accident, upon its own  motion,  or  on  application  of  any  party  in
  interest,  reclassify  a  disability  upon  proof  that there has been a
  change in condition, or that the previous classification  was  erroneous
  and not in the interest of justice.
    7.  Previous  disability.  The  fact  that  an  employee  has suffered
  previous disability or received compensation therefor shall not preclude
  him from compensation for a later injury nor preclude  compensation  for
  death resulting therefrom; but in determining compensation for the later
  injury  or  death  his  average  weekly  wages shall be such sum as will
  reasonably represent his earning capacity  at  the  time  of  the  later
  injury,  provided,  however,  that  an  employee who is suffering from a
  previous disability shall not receive compensation for a later injury in
  excess of the compensation allowed for such injury  when  considered  by
  itself  and  not  in  conjunction with the previous disability except as
  hereinafter provided in subdivision eight of this section.
    8. Disability following previous permanent  physical  impairment.  (a)
  Declaration  of  policy  and  legislative  intent.  As  a  guide  to the
  interpretation and application  of  this  subdivision,  the  policy  and
  intent of this legislature is declared to be as follows:
    First:  That  every  person  in  this  state who works for a living is
  entitled to reasonable opportunity  to  maintain  his  independence  and
  self-respect  through self-support even after he/she has been physically
  handicapped by injury or disease;
    Second: That any plan which will reasonably, equitably and practically
  operate to break down hindrances and remove obstacles to the  employment
  of  partially  disabled  persons  honorably  discharged  from  our armed
  forces, 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.

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