N.Y. Workers' Compensation Law § 15: Schedule in case of disability

§ 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, without the

necessity for the claimant who is entitled to benefits at the time of

classification to demonstrate ongoing attachment to the labor market,

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 a claimant with a date of accident or disablement after the

effective date of the chapter of the laws of two thousand seventeen that

amended this subdivision, where the carrier or employer has provided

compensation pursuant to subdivision five of this section beyond one

hundred thirty weeks from the date of accident or disablement, all

subsequent weeks in which compensation was paid shall be considered to

be benefit weeks for purposes of this section, with the carrier or

employer receiving credit for all such subsequent weeks against the

amount of maximum benefit weeks when permanent partial disability under

this section is determined. In the event of payment for intermittent

temporary partial disability paid after one hundred thirty weeks from

the date of accident or disablement, such time shall be reduced to a

number of weeks, for which the carrier will receive a credit against the

maximum benefit weeks. For a claimant with a date of accident or

disablement after the effective date of the chapter of the laws of two

thousand seventeen that amended this subdivision, when permanency is at

issue, and a claimant has submitted medical evidence that he or she is

not at maximum medical improvement, and the carrier has produced or has

had a reasonable opportunity to produce an independent medical

examination concerning maximum medical improvement, and the board has

determined that the claimant is not yet at maximum medical improvement,

the carrier shall not receive a credit for benefit weeks prior to a

finding that the claimant has reached maximum medical improvement, at

which time the carrier shall receive credit for any weeks of temporary

disability paid to claimant after such finding against the maximum

benefit weeks awarded under this subdivision. 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.

x. Impairment guidelines. The chair shall consult with representatives

of labor, business, medical providers, insurance carriers, and

self-insured employers regarding revisions to permanency impairment

guidelines, including permitting review and comment by such

representatives' chosen medical advisors, and after consultation shall,

in accordance with the state administrative procedure act, propose for

public comment revised permanency guidelines concerning medical

evaluation of impairment and the determination of permanency as set

forth in paragraphs a through v of this subdivision by September first,

two thousand seventeen, with such guidelines to be adopted by the chair

by January first, two thousand eighteen. The permanency impairment

guidelines shall be reflective of advances in modern medicine that

enhance healing and result in better outcomes. In the event the chair

fails to adopt such permanency guidelines to be effective by January

first, two thousand eighteen, the chair shall adopt, by emergency

regulation, permanency impairment guidelines. The permanency impairment

guidelines adopted by emergency regulation shall be either the

impairment guidelines proposed by the chair on September first, two

thousand seventeen or the permanency impairment guidelines created by

the consultant to the board and submitted to representatives of labor,

business, medical providers, insurance carriers, and self-insured

employers, as voted on in an emergency meeting of the board to be held

on December twenty-ninth, two thousand seventeen. In the event the board

is unable to reach a decision at such meeting, the chair shall select

the permanency guidelines to be adopted by emergency regulations.

Emergency regulations shall be in effect for ninety days or until such

time as permanent regulations are adopted by the chair. As of January

first, two thousand eighteen the 2012 permanency impairment guidelines

pertaining to paragraphs a through v of subdivision three of section

fifteen of this article are repealed, and shall have no effect. The

board shall train adjudication and other staff to ensure timely and

effective implementation.

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. 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 January first, two thousand twenty-four and before

January first, two thousand twenty-five shall not be less than two

hundred seventy-five dollars per week except that if the employee's

wages at the time of injury are less than two hundred seventy-five

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 January first, two thousand twenty-five and before July first, two

thousand twenty-six shall not be less than three hundred twenty-five

dollars per week except that if the employee's wages at the time of

injury are less than three hundred twenty-five 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 July first, two thousand

twenty-six and on or after July first of each succeeding year shall not

be less than one-fifth of the New York state average weekly wage for the

year in which it is reported except that if the employee's weekly wages

are equal to or less than one-fifth of the New York state average weekly

wage for the year in which it is reported, 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 who (i) are honorably discharged from our

armed forces, or (ii) have a qualifying condition, as defined in section

one of the veterans' services law, and received a discharge other than

bad conduct or dishonorable from such service, or (iii) are discharged

LGBT veterans, as defined in section one of the veterans' services law,

and received a discharge other than bad conduct or dishonorable from

such service, 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.