2020 New York Laws
VAW - Volunteer Ambulance Workers' Benefit
Article 2 - Coverage and Benefits
10 - Permanent Partial Disability Benefits.
§ 10. Permanent partial disability benefits. 1. In the case of
disability partial in character, but permanent in quality, the volunteer
ambulance worker, injured in the line of duty shall be paid one hundred
fifty dollars for each week for the period specified in this
subdivision, provided, however, that when the volunteer ambulance worker
is injured in the line of duty on or after the effective date of this
chapter to and including June thirtieth, nineteen hundred ninety, and
provided further that when the volunteer ambulance worker is injured in
the line of duty on or after July first, nineteen hundred ninety to and
including June thirtieth, nineteen hundred ninety-one such payments
shall be two hundred eighty dollars for each week, and provided further
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-one to and including
June thirtieth, nineteen hundred ninety-two such payments shall be three
hundred fifty dollars for each week; and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-two such payments shall be four
hundred dollars for each week as follows:
a. Loss of member.
Member lost Number of weeks
Arm .................................................... 312
Leg .................................................... 288
Hand ................................................... 244
Foot ................................................... 205
Eye .................................................... 160
Thumb .................................................. 75
First finger ........................................... 46
Great toe .............................................. 38
Second finger .......................................... 30
Third finger ........................................... 25
Toe other than great toe ............................... 16
Fourth finger .......................................... 15
If more than one phalange of a digit shall be lost, the period shall be
the same as for the loss of the entire digit. If only the first phalange
shall be lost, the period shall be one-half the period for loss of the
entire digit. The period 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 period for the loss of use of the hand or foot
occasioned thereby, but shall not exceed the period for the loss of a
hand or foot. If an arm or leg shall be amputated at or above the wrist
or ankle, the period for such loss shall be in proportion to the period
for the loss of the arm or leg. In the case of loss of binocular vision
or of eighty per centum or more of the vision of an eye, the period
shall be the same as for the loss of the eye.
b. Loss of hearing. In the case of the complete loss of the hearing of
one ear, sixty weeks; for the loss of hearing of both ears, one hundred
fifty weeks.
c. Total loss of use. In the case of permanent total loss of use of a
member, the compensation shall be the same as for the loss of the
member.
d. Partial loss or partial loss of use. Except as above provided in
this subdivision, in the case of permanent partial loss or loss of use
of a member, the period shall be for the proportionate loss or loss of
use of the member. Compensation for permanent partial 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 which ever is greater.
e. Disfigurement. In the case of serious facial or head disfigurement,
including a disfigurement continuous in length which is partly in the
facial area and also extends into the neck region as described in this
paragraph, the volunteer ambulance worker shall be paid in a lump sum a
proper and equitable amount, which shall be determined by the workers'
compensation board. If the earning capacity of the volunteer ambulance
worker shall have been impaired, or may in the future be impaired, by
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, the volunteer ambulance worker shall be
paid in a lump sum a proper and equitable amount which shall be
determined by such board. Two or more serious disfigurements, not
continuous in length, resulting from the same injury, if partially in
the facial area and partially in such neck region, shall be deemed to be
a facial disfigurement. An award, or the aggregate of the awards, to a
volunteer ambulance worker under this paragraph shall not exceed twenty
thousand dollars.
f. Total or partial loss or loss of use of more than one member. 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 above in paragraphs a
to e, both inclusive, of this subdivision, but not amounting to
permanent total disability, the periods for loss or loss of use of each
such member or part thereof shall run consecutively.
g. Other cases. In all other cases of permanent partial disability the
volunteer ambulance worker shall be paid for each week, during the
continuance thereof, as follows: (1) If the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this
chapter to and including June thirtieth, nineteen hundred ninety,
provided, however, that when the volunteer ambulance worker is injured
in the line of duty on or after July first, nineteen hundred ninety to
and including June thirtieth, nineteen hundred ninety-one such payment
shall be two hundred eighty dollars for each week, and provided further
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-one to and including
June thirtieth, nineteen hundred ninety-two such payment shall be three
hundred fifty dollars for each week; and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-two such payments shall be four
hundred dollars for each week.
(2) If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, he or she shall be
paid one hundred dollars for each week, provided, however, that the
volunteer ambulance worker is injured in the line of duty on or after
the effective date of this chapter to and including June thirtieth,
nineteen hundred ninety, provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to and including June thirtieth, nineteen
hundred ninety-one, such payment shall be one hundred eighty-six dollars
and seventy-six cents for each week, provided, however, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen hundred ninety-two, such payment shall be two hundred
thirty-four dollars and fifty cents for each week; provided, however,
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-two, such payment shall
be two hundred sixty-eight dollars for each week.
(3) If the percentage of loss of earning capacity is twenty-five
percentum, or greater, but less than fifty per centum, he or she shall
be paid thirty dollars for each week.
(4) If the percentage of loss of earning capacity is less than
twenty-five per centum, he or she shall not be paid any weekly benefit.
Permanent partial disability, within the meaning of this paragraph,
shall exist only if the earning capacity of the volunteer ambulance
worker has been permanently and partially lost as the result of the
injury. The workers' compensation board shall determine the degree of
such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
2. An award made to a claimant under this section 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.
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 seven of this article, as directed
by the workers' compensation board; and if there shall 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 seven of this article, 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 such subdivision
one.
3. An award for disability may be made after the death of the
volunteer ambulance worker.
