10 - Permanent Partial Disability Benefits.

NY Vol Amb Wrkrs Ben L § 10 (2019) (N/A)
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(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.