N.Y. Volunteer Ambulance Workers' Benefit Law § 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.