Section 15. Schedule in case of disability

The following schedule of
  compensation is hereby established:
    1. Permanent total disability. In case of total disability adjudged to
  be permanent sixty-six and two-thirds per centum of the  average  weekly
  wages shall be paid to the employee during the continuance of such total
  disability.  Loss  of  both  hands,  or both arms, or both feet, or both
  legs, or both eyes, or of any two  thereof  shall,  in  the  absence  of
  conclusive proof to the contrary, constitute permanent total disability.
  In  all  other  cases  permanent total disability shall be determined in
  accordance with the facts. Notwithstanding any other provision  of  this
  chapter,  an  injured employee disabled due to the loss or total loss of
  use of both eyes, or both hands, or both arms, or  both  feet,  or  both
  legs,  or  of  any  two  thereof  shall not suffer any diminution of his
  compensation by engaging in business or employment provided his earnings
  or wages, when combined with his compensation, shall not be in excess of
  the wage base on  which  the  maximum  weekly  compensation  benefit  is
  computed  under  the  law  in  effect  at  time of such earning; further
  provided,  that  if  the  combination  exceeds  such  wage   base,   the
  compensation  shall  be diminished to an amount which, together with his
  earnings or wages, shall equal the wage base; and further provided  that
  the  application  of  this  subdivision shall not result in reduction of
  compensation which an injured employee who is disabled due to  the  loss
  or  total loss of use of both eyes, or both hands, or both arms, or both
  feet, or both legs or of any two thereof, would otherwise be entitled to
  under any other provision of this section.
    2. Temporary total disability. In case of temporary total  disability,
  sixty-six and two-thirds per centum of the average weekly wages shall be
  paid to the employee during the continuance thereof, except as otherwise
  provided in this chapter.
    3.  Permanent  partial  disability.  In  case of disability partial in
  character but permanent in quality the compensation shall  be  sixty-six
  and  two-thirds per centum of the average weekly wages and shall be paid
  to the employee for the period named in this subdivision, as follows:
                                                              Number of
  Member lost                                          weeks' compensation
  a. Arm ............................................................. 312
  b. Leg ............................................................. 288
  c. Hand ............................................................ 244
  d. Foot ............................................................ 205
  e. eye ............................................................. 160
  f. Thumb ............................................................ 75
  g. First finger ..................................................... 46
  h. Great toe ........................................................ 38
  i. Second finger .................................................... 30
  j. Third finger ..................................................... 25
  k. Toe other than great toe ......................................... 16
  l. Fourth finger .................................................... 15
    m. Loss of hearing. Compensation for the complete loss of the  hearing
  of  one  ear, for sixty weeks, for the loss of hearing of both ears, for
  one hundred and fifty weeks.
    n. Phalanges. Compensation for the loss of more than one phalange of a
  digit shall be the same as for loss of the  entire  digit.  Compensation
  for loss of the first phalange shall be one-half of the compensation for
  loss of the entire digit.
    o.  Amputated  arm  or  leg.  Compensation  for  an  arm  or a leg, if
  amputated at or above the wrist or ankle, shall be for the proportionate
  loss of the arm or leg.

    p. Binocular vision or per centum of vision. Compensation for loss  of
  binocular  vision  or  for eighty per centum or more of the vision of an
  eye shall be the same as for loss of the eye.
    q.  Two or more digits. Compensation for loss or loss of use of two or
  more digits, or one or more phalanges of two or more digits, of  a  hand
  or  foot  may  be  proportioned  to  the loss of use of the hand or foot
  occasioned thereby but shall not exceed the compensation for loss  of  a
  hand or foot.
    r.  Total loss of use. Compensation for permanent total loss of use of
  a member shall be the same as for loss of the member.
    s. Partial loss or partial loss of  use.  Compensation  for  permanent
  partial loss or loss of use of a member may be for proportionate loss or
  loss  of  use  of the member. Compensation for permanent partial loss or
  loss of use of an eye shall be awarded on the basis of uncorrected  loss
  of vision or corrected loss of vision resulting from an injury whichever
  is the greater.
    t.  Disfigurement.  1.  The  board  may  award  proper  and  equitable
  compensation for serious facial or head  disfigurement,  not  to  exceed
  twenty  thousand dollars, including a disfigurement continuous in length
  which is partially in the facial area and also  extends  into  the  neck
  region as described in paragraph two hereof.
    2.  The  board,  if in its opinion the earning capacity of an employee
  has been or may in the future be impaired, may  award  compensation  for
  any  serious  disfigurement  in  the  region above the sterno clavicular
  articulations anterior to and including the region of the sterno  cleido
  mastoid  muscles on either side, but no award under subdivisions one and
  two shall, in the aggregate, exceed twenty thousand dollars.
    3. Notwithstanding any other provision hereof,  two  or  more  serious
  disfigurements,  not  continuous  in  length,  resulting  from  the same
  injury, if partially in the facial area and partially in the neck region
  as described in paragraph two hereof, shall be deemed  to  be  a  facial
  disfigurement.
    u.  Total  or  partial  loss or loss of use of more than one member or
  parts of members. In any case in which there shall be a loss or loss  of
  use  of  more than one member or parts of more than one member set forth
  in paragraphs a through t,  inclusive,  of  this  subdivision,  but  not
  amounting   to   permanent  total  disability,  the  board  shall  award
  compensation for the loss or loss of use of each  such  member  or  part
  thereof,  which  awards  shall be fully payable in one lump sum upon the
  request of the injured employee.
    v. Additional compensation for impairment of wage earning capacity  in
  certain   permanent  partial  disabilities.  Notwithstanding  any  other
  provision of this subdivision, additional compensation shall be  payable
  for  impairment  of  wage  earning  capacity  for  any  period after the
  termination of an award  under  paragraphs  a,  b,  c,  or  d,  of  this
  subdivision for the loss or loss of use of fifty per centum or more of a
  member, provided such impairment of earning capacity shall be due solely
  thereto.  Such additional compensation shall be determined in accordance
  with paragraph w of this subdivision. The additional compensation  shall
  be  reduced  by  fifty  per  centum of any amount of disability benefits
  which the disabled employee is receiving or entitled to receive for  the
  same  period  under the social security act, and shall cease on the date
  the disabled  employee  receives  or  is  entitled  to  receive  old-age
  insurance benefits under the social security act. As soon as practicable
  after the injury, the worker shall be required to participate in a board
  approved  rehabilitation program; or shall have demonstrated cooperation
  with efforts to institute such a board approved program and  shall  have
  been  determined  by  the  board  not  to  be  a  feasible candidate for

  rehabilitation; such rehabilitation shall constitute treatment and  care
  as provided in this chapter.
    w.  Other  cases.  In all other cases of permanent partial disability,
  the compensation shall  be  sixty-six  and  two-thirds  percent  of  the
  difference  between  the injured employee's average weekly wages and his
  or her wage-earning  capacity  thereafter  in  the  same  employment  or
  otherwise.    Compensation  under this paragraph shall be payable during
  the continuance of such permanent partial  disability,  but  subject  to
  reconsideration of the degree of such impairment by the board on its own
  motion  or  upon  application  of  any  party  in  interest however, all
  compensation payable under this paragraph  shall  not  exceed  (i)  five
  hundred  twenty-five  weeks  in  cases in which the loss of wage-earning
  capacity is greater than ninety-five percent; (ii) five hundred weeks in
  cases in which the loss of wage-earning capacity is greater than  ninety
  percent  but  not  more  than  ninety-five  percent;  (iii) four hundred
  seventy-five weeks in cases in which the loss of  wage-earning  capacity
  is  greater  than  eighty-five percent but not more than ninety percent;
  (iv) four hundred fifty weeks in cases in which the loss of wage-earning
  capacity is greater than eighty percent but not  more  than  eighty-five
  percent;  (v)  four hundred twenty-five weeks in cases in which the loss
  of wage-earning capacity is greater than seventy-five  percent  but  not
  more  than eighty percent; (vi) four hundred weeks in cases in which the
  loss of wage-earning capacity is greater than seventy  percent  but  not
  more  than  seventy-five percent; (vii) three hundred seventy-five weeks
  in cases in which the loss of  wage-earning  capacity  is  greater  than
  sixty  percent  but  not more than seventy percent; (viii) three hundred
  fifty weeks in cases in which  the  loss  of  wage-earning  capacity  is
  greater  than  fifty percent but not more than sixty percent; (ix) three
  hundred weeks in cases in which the loss  of  wage-earning  capacity  is
  greater  than  forty  percent  but  not more than fifty percent; (x) two
  hundred seventy-five weeks in cases in which the  loss  of  wage-earning
  capacity is greater than thirty percent but not more than forty percent;
  (xi)  two hundred fifty weeks in cases in which the loss of wage-earning
  capacity is greater than  fifteen  percent  but  not  more  than  thirty
  percent;  and  (xii) two hundred twenty-five weeks in cases in which the
  loss of wage-earning capacity is fifteen  percent  or  less.  For  those
  claimants  classified  as  permanently  partially disabled who no longer
  receive indemnity payments because they have surpassed their  number  of
  maximum benefit weeks, the following provisions will apply:
    (1)  There  will be a presumption that medical services shall continue
  notwithstanding the completion of the time period for  compensation  set
  forth  in this section and the burden of going forward and the burden of
  proof  will  lie  with  the  carrier,  self-insured  employer  or  state
  insurance  fund  in  any  application before the board to discontinue or
  suspend  such  services.  Medical  services  will  continue  during  the
  pendency of any such application and any appeals thereto.
    (2)  The board is directed to promulgate regulations that establish an
  independent review and appeal by an  outside  agent  or  entity  of  the
  board's  choosing  of  any  administrative  law judge's determination to
  discontinue or suspend medical services before a final determination  of
  the board.
    4.  Effect  of  award.  An  award made to a claimant under subdivision
  three shall in case of death arising from causes other than  the  injury
  be payable to and for the benefit of the persons following:
    a.  If  there be a surviving spouse and no child of the deceased under
  the age of eighteen years, to such spouse.
    b. If there be a surviving spouse and surviving child or  children  of
  the  deceased under the age of eighteen years, one-half shall be payable

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

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

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

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

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

  excess of twenty-five dollars but shall not exceed twenty-eight  dollars
  per  week  for  any  period of disability arising out of claims accruing
  during the three year period commencing  June  first,  nineteen  hundred
  forty-four.
    6-a.  Reclassification of disabilities. Subject to the limitations set
  forth in sections twenty-five-a and one  hundred  twenty-three  of  this
  chapter,  the  board  may,  at  any  time, without regard to the date of
  accident, upon its own  motion,  or  on  application  of  any  party  in
  interest,  reclassify  a  disability  upon  proof  that there has been a
  change in condition, or that the previous classification  was  erroneous
  and not in the interest of justice.
    7.  Previous  disability.  The  fact  that  an  employee  has suffered
  previous disability or received compensation therefor shall not preclude
  him from compensation for a later injury nor preclude  compensation  for
  death resulting therefrom; but in determining compensation for the later
  injury  or  death  his  average  weekly  wages shall be such sum as will
  reasonably represent his earning capacity  at  the  time  of  the  later
  injury,  provided,  however,  that  an  employee who is suffering from a
  previous disability shall not receive compensation for a later injury in
  excess of the compensation allowed for such injury  when  considered  by
  itself  and  not  in  conjunction with the previous disability except as
  hereinafter provided in subdivision eight of this section.
    8. Disability following previous permanent  physical  impairment.  (a)
  Declaration  of  policy  and  legislative  intent.  As  a  guide  to the
  interpretation and application  of  this  subdivision,  the  policy  and
  intent of this legislature is declared to be as follows:
    First:  That  every  person  in  this  state who works for a living is
  entitled to reasonable opportunity  to  maintain  his  independence  and
  self-respect  through self-support even after he/she has been physically
  handicapped by injury or disease;
    Second: That any plan which will reasonably, equitably and practically
  operate to break down hindrances and remove obstacles to the  employment
  of  partially  disabled  persons  honorably  discharged  from  our armed
  forces, or  any  other  physically  handicapped  persons,  is  of  vital
  importance  to  the  state  and  its  people  and  is of concern to this
  legislature;
    Third: That it is the considered judgment of this legislature that the
  system embodied in this subdivision, which makes a logical and equitable
  adjustment of the liability under the workers' compensation law which an
  employer must assume in hiring employees, constitutes  a  practical  and
  reasonable  approach  to a solution of the problem for the employment of
  physically handicapped persons.
    Moreover,  because  of  the  insidious  nature  of  slowly  developing
  diseases  such  as  silicosis and other dust diseases and because of the
  reluctance on the part of employers to employ persons previously exposed
  to silica or other harmful dust, means should also be  provided  whereby
  employers will be encouraged to employ and to continue the employment of
  such  persons, by apportioning liability fairly between the employer and
  industry as a whole without at the same time removing any incentive  for
  the prevention of harmful dust diseases.
    (b)  Definition.  As  used  in  this  subdivision, "permanent physical
  impairment" means any permanent condition due to  previous  accident  or
  disease  or  any  congenital  condition  which  is  or is likely to be a
  hindrance or obstacle to employment.
    (c) Permanent total disability  after  permanent  partial  disability.
  Notwithstanding  the provisions of paragraph (d) of this subdivision, if
  an employee who has previously  incurred  permanent  partial  disability
  through  the  loss  of one hand, one arm, one foot, one leg, or one eye,

  incurs permanent total disability through the loss of another member  or
  organ,  he/she  shall  be  paid,  in  addition  to  the compensation for
  permanent partial disability provided in  this  section  and  after  the
  cessation  of  the  payments  for the prescribed period of weeks special
  additional compensation during the continuance of such total  disability
  to  the  amount  of  sixty-six  and two-thirds per centum of the average
  weekly wage earned by him/her at the time the total permanent disability
  was incurred. If such employee shall establish an  earning  capacity  by
  employment  he  shall  be  paid  during  the  period of such employment,
  instead of the additional compensation above provided, two-thirds of the
  difference between his average  weekly  wages  at  the  time  the  total
  disability  was  incurred and his wage earning capacity as determined by
  his actual earnings in such employment, subject to  the  limitations  in
  subdivision  six  of  this  section.  Such  additional compensation, and
  expense as in this subdivision  provided,  shall  be  paid  out  of  the
  special  disability  fund  and  in  the  manner  as  hereinafter in this
  subdivision provided.
    (d) If an employee of an employer  who  has  secured  the  payment  of
  compensation  as  required under the provisions of section fifty of this
  chapter, who had a total or partial loss or loss of use of one hand, one
  arm, one foot, one leg or one eye, or who has other  permanent  physical
  impairment incurs a subsequent disability by accident arising out of and
  in  the  course  of  his  employment  or an occupational disease arising
  therefrom, resulting in a permanent disability caused by both conditions
  that is materially and substantially greater than that which would  have
  resulted  from  the subsequent injury or occupational disease alone, the
  employer or his insurance carrier shall in the first  instance  pay  all
  awards of compensation and all medical expense provided by this chapter,
  but  such  employer  or  his  insurance  carrier, except as specifically
  provided in paragraph (ee) of this subdivision, shall be reimbursed from
  the  special  disability  fund  created  by  this  subdivision  for  all
  compensation  and  medical  benefits subsequent to those payable for the
  first one hundred four weeks of disability for claims where the date  of
  accident or date of disablement occurred prior to August first, nineteen
  hundred  ninety-four,  and  two  hundred  sixty  weeks of disability for
  claims where the date of accident or date of disablement occurred on  or
  after   August   first,  nineteen  hundred  ninety-four,  regardless  of
  knowledge on the part of the  employer  as  to  the  existence  of  such
  pre-existing permanent physical impairment.
    Notwithstanding anything to the contrary in this chapter, there may be
  apportionment  of  liability  for the special disability fund under this
  subdivision within a single  claim  by  disposition  between  the  fund,
  carriers, self-insurers or employers.
    (e)  If  the  subsequent  injury of such an employee resulting from an
  accident arising out of and in  the  course  of  his  employment  or  an
  occupational  disease resulting therefrom, as set forth in paragraph (d)
  of this subdivision, shall result in the death of the  employee  and  it
  shall  be  determined  that  either  the  injury or death would not have
  occurred except for such pre-existing permanent physical impairment, the
  employer or his insurance carrier shall in the first  instance  pay  the
  funeral  expenses and the death benefits prescribed by this chapter, but
  he  or  his  insurance  carrier,  except  as  specifically  provided  in
  paragraph (ee) of this subdivision, shall be reimbursed from the special
  disability  fund  created  by  this  subdivision  for all death benefits
  payable in excess of one hundred four weeks  of  disability  for  claims
  where  the  date  of  accident  or date of disablement occurred prior to
  August first, nineteen hundred ninety-four, and two hundred sixty  weeks
  of  disability  for  claims  where  the  date  of  accident  or  date of

  disablement  occurred  on  or  after  August  first,  nineteen   hundred
  ninety-four,  regardless  of knowledge on the part of the employer as to
  the existence of such pre-existing permanent physical impairment.
    (ee)  If  an  employee  of  an employer who has secured the payment of
  compensation as required under the provisions of section fifty  of  this
  chapter  is  disabled  from  silicosis  or other dust disease, or in the
  event of death, death was due to silicosis or other dust disease, and if
  such an employee has  been  subject  to  an  injurious  exposure  in  an
  employment  defined  under  paragraph  twenty-nine of subdivision two of
  section three of this chapter, the provisions of this subdivision  shall
  apply  except  as  hereinafter stated; and it shall not be required that
  the employee had, either at the time of hiring or during the employment,
  any previous physical condition or disability which may result  in  such
  disability  or  death.  In  all such cases the employer or his insurance
  carrier shall in the first instance pay all awards of  compensation  and
  all medical expense provided by this chapter; and in the event of death,
  the  employer  or his insurance carrier shall also in the first instance
  pay the funeral expenses and  the  death  benefits  prescribed  by  this
  chapter; but such employer or his insurance carrier shall subject to the
  limitations  of  subparagraphs  two  and  three of paragraph (h) of this
  subdivision be reimbursed from the special disability  fund  created  by
  this subdivision for all compensation and medical benefits subsequent to
  those  payable  for  the  first one hundred four weeks of disability for
  claims where the date of accident or date of disablement occurred  prior
  to  August  first,  nineteen  hundred ninety-four, and two hundred sixty
  weeks of disability for claims where the date of  accident  or  date  of
  disablement   occurred  on  or  after  August  first,  nineteen  hundred
  ninety-four, and, in the event of death, the employer or  his  insurance
  carrier  shall be reimbursed from the special disability fund created by
  this subdivision for all death benefits payable in excess of one hundred
  four weeks for claims where the date of accident or date of  disablement
  occurred  prior  to  August first, nineteen hundred ninety-four, and two
  hundred sixty weeks for claims where the date of  accident  or  date  of
  disablement   occurred  on  or  after  August  first,  nineteen  hundred
  ninety-four; provided, however, that  when  total  disability  or  death
  occurred  after  July  first, nineteen hundred forty-seven, and prior to
  July first, nineteen hundred seventy-four, the employer or his insurance
  carrier shall be reimbursed from the special disability fund created  by
  this  subdivision  for  all  compensation and medical benefits including
  funeral expenses and death benefits subsequent to those payable for  the
  first two hundred sixty weeks of disability and death benefits combined;
  and  further  provided,  however,  that  in  the  event  of death due to
  silicosis or other dust disease on or after July first, nineteen hundred
  forty-seven, of such an employee who shall have  been  totally  disabled
  from silicosis or other dust disease prior to such date, the employer or
  his  insurance  carrier  shall be reimbursed from the special disability
  fund created by this subdivision for death benefits subsequent to  those
  payable for the first one hundred four weeks.
    The  compensation  of  an employee who has heretofore been found to be
  totally and permanently disabled from silicosis or  other  dust  disease
  and  whose  disablement  occurred  prior to July first, nineteen hundred
  forty-seven, shall be continued or resumed, as the case  may  be,  after
  June  first,  nineteen  hundred  fifty-one,  and  payments shall be made
  during continuance of such disability at his/her  regular  weekly  rate,
  notwithstanding  the  fact  that  such  compensation is in excess of the
  maximum provided for his/her case under former article  four-a  of  this
  chapter;  but  such  compensation  in  excess of the maximum so provided
  shall be paid from the special fund created by this subdivision.

    (f) Any award  under  this  subdivision  shall  be  made  against  the
  employer  or  his  or  her  insurance  carrier,  but if such employer or
  insurance carrier be entitled  to  reimbursement  as  provided  in  this
  subdivision, notice or claim of the right to such reimbursement shall be
  filed  with  the  board in writing prior to the final determination that
  the resulting disability is permanent, but in  no  case  more  than  one
  hundred  four  weeks  after the date of disability or death or fifty-two
  weeks after the date that a claim for compensation  is  filed  with  the
  chair,  whichever  is  later, or in the event of the reopening of a case
  theretofore closed, no later than the determination of  permanency  upon
  such reopening. In no event shall such a notice of claim be filed beyond
  the  dates  set  forth  in  subparagraph  two  of  paragraph (h) of this
  subdivision.
    The employer or his or  her  insurance  carrier  shall  in  the  first
  instance make the payments of compensation and medical expenses provided
  by  this  subdivision.  Whenever for any reason payments are not made by
  the employer or his or her insurance  carrier  at  any  time  after  the
  payments  have been made for the first one hundred four weeks for claims
  where the date of accident or date  of  disablement  occurred  prior  to
  August  first, nineteen hundred ninety-four, and two hundred sixty weeks
  for claims where the date of accident or date of disablement occurred on
  or after August first, nineteen hundred  ninety-four,  the  payments  of
  subsequent  compensation  and  medical expenses shall be made out of the
  special disability fund by the commissioner of taxation and finance upon
  vouchers approved by the chair of the workers'  compensation  board.  In
  case  any payments prior to the expiration of the first one hundred four
  weeks for claims where the date  of  accident  or  date  of  disablement
  occurred  prior  to  August first, nineteen hundred ninety-four, and two
  hundred sixty weeks for claims where the date of  accident  or  date  of
  disablement   occurred  on  or  after  August  first,  nineteen  hundred
  ninety-four are not made by the employer or his or her insurance carrier
  by reason of the insolvency of such  carrier,  the  payments  until  the
  expiration  of  one  hundred  four  weeks  for  claims where the date of
  accident or date of disablement occurred prior to August first, nineteen
  hundred ninety-four, and two hundred sixty weeks for  claims  where  the
  date  of  accident  or  date  of disablement occurred on or after August
  first, nineteen hundred ninety-four shall  be  made  out  of  the  stock
  workers' compensation security fund created by the provisions of section
  one  hundred  seven  of this chapter if the insolvent carrier be a stock
  company, or out  of  the  mutual  workers'  compensation  security  fund
  created  under  the  provisions  of  section  one hundred nine-d of this
  chapter if the carrier be a mutual company. If any such payments are not
  made by an employer permitted to  secure  the  payment  of  compensation
  pursuant to the provisions of subdivision three of section fifty of this
  chapter,  the  payments shall be made out of the proceeds of the sale of
  any securities deposited by the employer with the chair,  upon  vouchers
  approved  by  the  chair,  until  such  payments  have been made for one
  hundred four weeks for claims where the date  of  accident  or  date  of
  disablement   occurred   prior   to   August   first,  nineteen  hundred
  ninety-four, and two hundred sixty weeks for claims where  the  date  of
  accident  or  date  of  disablement  occurred  on or after August first,
  nineteen hundred ninety-four, from the date of disability,  after  which
  date they shall be made out of the special disability fund in the manner
  above provided.
    In  all  cases  in which awards have been made and charged against the
  special fund or injuries have occurred which would require  payments  to
  be made in accordance with the provisions of former subdivision eight of
  this   section  as  it  existed  immediately  prior  to  the  time  this

  subdivision, as hereby added, takes effect, the compensation so  awarded
  or  that shall be awarded in such cases shall continue to be paid out of
  the special disability fund by the commissioner of taxation and  finance
  upon  vouchers approved by the chair of the workers' compensation board,
  as though this subdivision had not been enacted.
    (g) Upon the making of a determination that an employer  or  insurance
  carrier is entitled to reimbursement from the special disability fund in
  any  case  where the employer or insurance carrier has made payment into
  the aggregate trust fund, as provided in section  twenty-seven  of  this
  chapter,  or where payment of compensation has been commuted into one or
  more lump sum payments, the  employer  or  insurance  carrier  shall  be
  reimbursed  forthwith  for  the sums paid in excess of those payable for
  one hundred four weeks for claims where the date of accident or date  of
  disablement   occurred   prior   to   August   first,  nineteen  hundred
  ninety-four, two hundred sixty  weeks  for  claims  where  the  date  of
  accident  or  date  of  disablement  occurred  on or after August first,
  nineteen hundred ninety-four or two hundred sixty weeks in  a  silicosis
  or  other  dust  disease case as otherwise provided in paragraph (ee) of
  this subdivision, exclusive of administrative and loading  charges  paid
  pursuant  to  section  twenty-seven, in accordance with the decision and
  order of the board. In  all  other  cases  such  employer  or  insurance
  carrier shall, periodically every six months from the decision and order
  of  the  board,  be reimbursed from such special disability fund for all
  compensation and medical expense in accordance with  the  provisions  of
  paragraph (f) of this subdivision.
    (h)  Special  disability  fund. (1) The fund heretofore maintained and
  provided for by  and  pursuant  to  former  subdivision  eight  of  this
  section, is hereby continued and shall retain the liabilities heretofore
  charged  or  chargeable  thereto  under  the  provisions  of such former
  subdivision eight of this section as it existed immediately prior to the
  time  this  subdivision,  as  hereby  added,  takes  effect,   and   the
  liabilities   chargeable   thereto   under   the  provisions  of  former
  subdivision eight-a of this section as added by  chapter  seven  hundred
  forty-nine  of  the  laws of nineteen hundred forty-four and repealed at
  the same time this subdivision, as heretofore added, takes  effect,  and
  payments  therefrom  on account of such liabilities shall continue to be
  made as provided herein. The said fund shall be  known  as  the  special
  disability  fund  and shall be available only for the purposes stated in
  this subdivision, and the assets  thereof  shall  not  at  any  time  be
  appropriated or diverted to any other use or purpose.
    (2)  (A) No carrier or employer, or the state insurance fund, may file
  a claim for reimbursement from  the  special  disability  fund,  for  an
  injury  or  illness with a date of accident or date of disablement on or
  after July first, two thousand seven. No carrier  or  employer,  or  the
  state  insurance  fund,  may  file  a  claim  for reimbursement from the
  special disability fund after July  first,  two  thousand  ten,  and  no
  written  submissions  or  evidence  in  support  of  such a claim may be
  submitted after that date.
    (B) All requests for reimbursement from the  special  disability  fund
  with  a  date  of injury or date of disablement prior to July first, two
  thousand seven as to which the board has  determined  that  the  special
  disability  fund  is  liable must be submitted to the special disability
  fund by the later of (i) one year after the expense has  been  paid,  or
  (ii) one year from the effective date of this paragraph.
    (C) All claims for reimbursement from the special disability fund must
  be  accompanied  by  a  filing  fee  of two hundred fifty dollars, to be
  deposited in the special disability fund. Upon any final ruling  that  a

  claim  is eligible for reimbursement from the fund, the fund will return
  two hundred dollars of this fee to the claimant.
    (3)  The  chair of the board shall, as soon as practicable after April
  first, nineteen hundred forty-five, assess upon and  collect  from  each
  insurance  carrier,  including  the state insurance fund and any county,
  city, town, village or other political  subdivision  failing  to  secure
  compensation pursuant to subdivision one or two of section fifty of this
  chapter, a sum equal to one per centum of the total compensation paid by
  such  carrier  in  the year ending March thirty-first next preceding the
  date of such assessment.
    * (4) As soon as practicable after May  first  in  the  year  nineteen
  hundred  fifty-eight,  and  annually  thereafter  as soon as practicable
  after January first in each succeeding year,  the  chair  of  the  board
  shall  assess  upon  and  collect  from  all self-insurers, except group
  self-insurers, the state insurance  fund,  all  insurance  carriers  and
  group  self-insurers, (A) a sum equal to one hundred fifty per centum of
  the total disbursements made from the special disability fund during the
  preceding calendar year (not including any disbursements made on account
  of anticipated liabilities or waiver agreements funded by bond  proceeds
  and related earnings), less the amount of the net assets in such fund as
  of  December thirty-first of said preceding calendar year, 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  five
  of   this   paragraph.  Such  assessments  shall  be  allocated  to  (i)
  self-insurers except group self-insurers and the  state  insurance  fund
  based  upon  the proportion that the total compensation payments made by
  all self-insurers except group self-insurers  and  the  state  insurance
  fund  bore  to the total compensation payments made by all self-insurers
  except group self-insurers, the  state  insurance  fund,  all  insurance
  carriers and group self-insurers, (ii) insurance carriers based upon the
  proportion  that  the  total compensation payments made by all insurance
  carriers bore to the total compensation payments  by  all  self-insurers
  except  group  self-insurers, the state insurance fund and all insurance
  carriers and group self-insurers during  the  fiscal  year  which  ended
  within said preceding calendar year, and (iii) group self-insurers based
  upon  the  proportion  that  the total compensation payments made by all
  group self-insurers bore to the total compensation payments made by  all
  self-insurers,  the  state  insurance  fund  and  all insurance carriers
  during the fiscal year which ended within said preceding calendar  year.
  Insurance  carriers  and  self-insurers  shall  be  liable  for all such
  assessments regardless of the date on which they came into existence, or
  whether they have made any claim  for  reimbursement  from  the  special
  disability  fund.  The  portion  of  such sum allocated to self-insurers
  except group self-insurers and the state insurance fund  that  shall  be
  collected  from  each  self-insurer  except a group self-insurer and the
  state insurance fund shall be a sum  equal  to  the  proportion  of  the
  amount  which  the total compensation payments of each such self-insurer
  except a group self-insurer or the state  insurance  fund  bore  to  the
  total  compensation  payments  made  by  all  self-insurers except group
  self-insurers and the state insurance fund during the fiscal year  which
  ended  within  said  preceding  calendar  year.  The portion of such sum
  allocated to insurance  carriers  that  shall  be  collected  from  each
  insurance  carrier shall be a sum equal to that proportion of the amount
  which the total premiums written by each such insurance carrier bore  to
  the total written premiums reported by all insurance carriers during the
  fiscal year which ended within said preceding calendar year. The portion
  of  such  sum  allocated  to group self-insurers that shall be collected

  from each group self-insurer shall be a sum equal to that proportion  of
  the  amount  which  the  pure  premium  calculation  for each such group
  self-insurer bore to the total pure premium calculation  for  all  group
  self-insurers  for  the  calendar  year which ended within the preceding
  state fiscal year. The payments from the debt service assessment, unless
  otherwise set forth in the special disability fund financing  agreement,
  are  hereby  pledged  therefor  and  shall  be  deemed  the first monies
  received on account of assessments in each year.  For  the  purposes  of
  this   paragraph,   "direct  premiums  written"  means  gross  premiums,
  including policy and membership fees, less return premiums and  premiums
  on  policies  not  taken.  For  purposes of this paragraph "pure premium
  calculation" means the New York state  annual  payroll  as  of  December
  thirty-first  of  the  preceding  year  by  class code for each employer
  member of a group self-insurer multiplied by the  applicable  loss  cost
  for  each  class  code as determined by the workers' compensation rating
  board in effect on December thirty-first of the preceding year, and  for
  a  group  or individual self-insurer who has ceased to self-insure shall
  be based on payroll at the time the  group  or  individual  self-insurer
  ceased  to  self-insure  reduced by a factor reflecting the reduction in
  the group or individual self-insurer's self-insurance liabilities  since
  ceasing  to self-insure. An employer who has ceased to be a self-insurer
  or a group that ceases to be licensed  as  a  group  self-insurer  shall
  continue  to  be liable for any assessments into said fund on account of
  any compensation payments made by him or  her  on  his  or  her  account
  during  such  fiscal  year,  and  the  security  fund, created under the
  provisions of section one hundred seven of this chapter, shall,  in  the
  event  of  the  insolvency  of  any insurance company, be liable for any
  assessments that would have been made against such  company  except  for
  its  insolvency. No assessment shall be payable from the aggregate trust
  fund, created under the  provisions  of  section  twenty-seven  of  this
  article,  but such fund shall continue to be liable for all compensation
  that shall be payable under  any  award  or  order  of  the  board,  the
  commuted  value  of which has been paid into such fund. Such assessments
  when collected shall be deposited with the commissioner of taxation  and
  finance  for  the  benefit of such fund. Unless otherwise provided, such
  assessments, shall not constitute an element of loss for the purpose  of
  establishing  rates for compensation insurance but shall for the purpose
  of collection be treated as separate costs by  carriers.  All  insurance
  carriers  and  the state insurance fund, shall collect such assessments,
  from their policyholders  through  a  surcharge  based  on  premiums  in
  accordance  with  rules  set forth by the New York workers' compensation
  rating board, as approved  by  the  superintendent  of  insurance.  Such
  surcharge shall be considered as part of premium for purposes prescribed
  by  law  including, but not limited to, computing premium tax, reporting
  to the superintendent of insurance pursuant to  section  ninety-nine  of
  this  chapter  and  section  three  hundred  seven of the insurance law,
  determining the limitation of expenditures for the administration of the
  state insurance fund pursuant to section eighty-eight  of  this  chapter
  and  the  cancellation  by  an  insurance  carrier,  including the state
  insurance fund, of a policy for non-payment of premium.  The  provisions
  of  this  paragraph  shall not apply with respect to policies containing
  coverage pursuant to subsection  (j)  of  section  three  thousand  four
  hundred  twenty  of the insurance law relating to every policy providing
  comprehensive personal liability insurance on a one, two, three or  four
  family  owner-occupied  dwelling. The state insurance fund shall, notify
  its insureds that  such  assessments,  shall  be,  for  the  purpose  of
  recoupment,  treated  as separate costs, respectively for the purpose of
  premiums billed on or after October first, nineteen hundred ninety-four.

    For the purposes of this paragraph, except as otherwise provided:  the
  term  "insurance  carrier" shall include only stock corporations, mutual
  corporations and reciprocal insurers authorized to transact the business
  of  workers'  compensation   insurance   in   this   state;   the   term
  "self-insurer"   shall  include  any  employer  or  group  of  employers
  permitted  to  pay  compensation  directly  under  the   provisions   of
  subdivision three, three-a or four of section fifty of this chapter;
    * NB Effective until January 1, 2010
    * (4)  As  soon  as  practicable  after May first in the year nineteen
  hundred fifty-eight, and annually  thereafter  as  soon  as  practicable
  after  January  first  in  each  succeeding year, the chair of the board
  shall assess upon and  collect  from  all  self-insurers,  except  group
  self-insurers,  the  state  insurance  fund,  all insurance carriers and
  group self-insurers, (A) a sum equal to one hundred fifty per centum  of
  the total disbursements made from the special disability fund during the
  preceding calendar year (not including any disbursements made on account
  of  anticipated liabilities or waiver agreements funded by bond proceeds
  and related earnings), less the amount of the net assets in such fund as
  of December thirty-first of said preceding calendar year, 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 five
  of  this  paragraph.  Such  assessments  shall  be  allocated   to   (i)
  self-insurers  except  group  self-insurers and the state insurance fund
  based upon the proportion that the total compensation payments  made  by
  all  self-insurers  except  group  self-insurers and the state insurance
  fund bore to the total compensation payments made by  all  self-insurers
  except  group  self-insurers,  the  state  insurance fund, all insurance
  carriers and group self-insurers, (ii) insurance carriers based upon the
  proportion that the total compensation payments made  by  all  insurance
  carriers  bore  to  the total compensation payments by all self-insurers
  except group self-insurers, the state insurance fund and  all  insurance
  carriers  and  group  self-insurers  during  the fiscal year which ended
  within said preceding calendar year, and (iii) group self-insurers based
  upon the proportion that the total compensation  payments  made  by  all
  group  self-insurers bore to the total compensation payments made by all
  self-insurers, the state  insurance  fund  and  all  insurance  carriers
  during  the fiscal year which ended within said preceding calendar year.
  Insurance carriers and  self-insurers  shall  be  liable  for  all  such
  assessments regardless of the date on which they came into existence, or
  whether  they  have  made  any  claim for reimbursement from the special
  disability fund. The portion of  such  sum  allocated  to  self-insurers
  except  group  self-insurers  and the state insurance fund that shall be
  collected from each self-insurer except a  group  self-insurer  and  the
  state  insurance  fund  shall  be  a  sum equal to the proportion of the
  amount which the total compensation payments of each  such  self-insurer
  except  a  group  self-insurer  or  the state insurance fund bore to the
  total compensation payments  made  by  all  self-insurers  except  group
  self-insurers  and the state insurance fund during the fiscal year which
  ended within said preceding calendar  year.  The  portion  of  such  sum
  allocated  to  insurance  carriers  that  shall  be  collected from each
  insurance carrier shall be a sum equal to that proportion of the  amount
  which  the total standard premium by each such insurance carrier bore to
  the total standard premium reported by all insurance carriers during the
  calendar year which ended within said preceding fiscal year. The portion
  of such sum allocated to group self-insurers  that  shall  be  collected
  from  each group self-insurer shall be a sum equal to that proportion of
  the amount which the  pure  premium  calculation  for  each  such  group

  self-insurer  bore  to  the total pure premium calculation for all group
  self-insurers for the calendar year which  ended  within  the  preceding
  state fiscal year. The payments from the debt service assessment, unless
  otherwise  set forth in the special disability fund financing agreement,
  are hereby pledged  therefor  and  shall  be  deemed  the  first  monies
  received  on  account  of  assessments in each year. For the purposes of
  this paragraph, "standard premium" shall mean the premium as defined for
  the purposes of this assessment by the superintendent of  insurance,  in
  consultation  with  the chair of the board and the workers' compensation
  rating board. For purposes of this paragraph "pure premium  calculation"
  means  the  New York state annual payroll as of December thirty-first of
  the preceding year by class code for each employer  member  of  a  group
  self-insurer  multiplied by the applicable loss cost for each class code
  as determined by the workers' compensation rating  board  in  effect  on
  December  thirty-first  of  the  preceding  year,  and  for  a  group or
  individual self-insurer who has ceased to self-insure shall be based  on
  payroll  at  the  time  the  group  or individual self-insurer ceased to
  self-insure reduced by a factor reflecting the reduction in the group or
  individual self-insurer's self-insurance liabilities  since  ceasing  to
  self-insure.  An employer who has ceased to be a self-insurer or a group
  that ceases to be licensed as a group self-insurer shall continue to  be
  liable for any assessments into said fund on account of any compensation
  payments  made  by  him  or her on his or her account during such fiscal
  year, and the security fund, created under the provisions of section one
  hundred seven of this chapter, shall, in the event of the insolvency  of
  any  insurance  company,  be  liable for any assessments that would have
  been made against such company except for its insolvency. No  assessment
  shall  be  payable  from  the  aggregate  trust  fund, created under the
  provisions of section twenty-seven of this article, but such fund  shall
  continue  to  be liable for all compensation that shall be payable under
  any award or order of the board, the commuted value of  which  has  been
  paid  into such fund. Such assessments when collected shall be deposited
  with the commissioner of taxation and finance for the  benefit  of  such
  fund.  Unless otherwise provided, such assessments, shall not constitute
  an  element  of  loss  for  the  purpose  of  establishing   rates   for
  compensation  insurance  but  shall  for  the  purpose  of collection be
  treated as separate costs by carriers. All insurance  carriers  and  the
  state  insurance  fund,  shall  collect  such  assessments,  from  their
  policyholders through a surcharge based on premiums in  accordance  with
  rules  set forth by the superintendent of insurance in consultation with
  the New York workers' compensation rating board and  the  chair  of  the
  board.  Such  surcharge  shall  be  considered  as  part  of premium for
  purposes prescribed by law including,  but  not  limited  to,  computing
  premium  tax,  reporting  to the superintendent of insurance pursuant to
  section ninety-nine of this chapter and section three hundred  seven  of
  the  insurance  law,  determining the limitation of expenditures for the
  administration  of  the  state  insurance  fund  pursuant   to   section
  eighty-eight  of  this  chapter  and  the  cancellation  by an insurance
  carrier, including the state insurance fund, of a policy for non-payment
  of premium. The provisions  of  this  paragraph  shall  not  apply  with
  respect  to  policies  containing coverage pursuant to subsection (j) of
  section three thousand four hundred twenty of the insurance law relating
  to every policy providing comprehensive personal liability insurance  on
  a  one,  two,  three  or  four family owner-occupied dwelling. The state
  insurance fund shall, notify its insureds that such  assessments,  shall
  be,   for   the  purpose  of  recoupment,  treated  as  separate  costs,
  respectively for the purpose of premiums  billed  on  or  after  October
  first, nineteen hundred ninety-four.

    For  the purposes of this paragraph, except as otherwise provided: the
  term "insurance carrier" shall include only stock  corporations,  mutual
  corporations and reciprocal insurers authorized to transact the business
  of   workers'   compensation   insurance   in   this   state;  the  term
  "self-insurer"   shall  include  any  employer  or  group  of  employers
  permitted  to  pay  compensation  directly  under  the   provisions   of
  subdivision three, three-a or four of section fifty of this chapter.
    The  board  is  hereby  authorized  to  issue  credits  or  refunds as
  necessary, in the case of overpayments made to the  fund.  An  insurance
  carrier  that  knowingly  underreports premiums for the purposes of this
  section shall be guilty of a class E felony.
    * NB Effective January 1, 2010
    (5) (A) 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 four of this paragraph.
  All monies received on account of any assessment under subparagraph four
  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.
    (B) The  chair  may  conduct  periodic  audits  of  any  self-insurer,
  insurance   carrier   and   the  state  insurance  fund  concerning  any
  information or payment required  under  this  paragraph,  including  any
  information  relevant  to the payment or calculation of any assessments.
  The self-insurer, insurance carrier and the state insurance  fund  shall
  provide  all necessary documents and information in relation to an audit
  in a manner prescribed by the chair. Upon the determination of the chair
  that a self-insurer, insurance carrier or the state insurance  fund  has

  underpaid  an  assessment  as  a result of its inaccurate reporting, the
  self-insurer, insurance carrier or the state insurance fund upon  notice
  from  the  chair, shall pay the full amount of the underpaid assessment,
  along with interest at the rate of nine per cent per annum on the unpaid
  assessment due not later than thirty days after such notice.
    (6)  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.
    (7) 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  a  representative  of such fund in such proceedings, but
  whenever  it  shall  appear  that,  through  any  committee,  board   or
  organization  representative  of  the interest of employers or insurance
  carriers,  an  attorney  has  been appointed to act for and on behalf of
  such employers and insurance carriers generally to represent  such  fund
  in  any  proceedings  brought  hereunder,  the  chair  of  the board may
  designate such attorney as the representative of such special disability
  fund  in  proceedings  involving  claims   against   such   fund.   Such
  representative  shall  thereafter  be  given  notice  of all proceedings
  involving the rights or obligations of such  fund.  Such  representative
  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 representative and 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.