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Home My WebLink AboutI - 14 PERMA Correspondence - Bill Veto RequestPERMA.. Your Source for Solutions Town of Cortlandville Attn: Mr. Tom Williams 3577 Terrace Road Cortlandville, NY 13045 RE: URGENT: Action Requested Bill Numbers: S. 768 / A. 1118 Dear Tom, Public Employer Risk Management Association P.O. Box 12250, Albany, NY 12212 REL:E,IV:E:O OCT p 7 2M October 4, 2022 As you know, the New York State Legislature passes hundreds of bills each year, many of which impact local governments. This year, there were several Workers' Compensation bills that could negatively impact local governments if signed by the Governor. Of note, there is one bill that will soon be awaiting the Governor's decision which would establish a definition for "temporary total disability". If adopted, it will negatively impact local government budgets, cause conflicts with collective bargaining agreements and create obstacles and disincentives for injured workers to return to work. Therefore, on behalf of the PERMA Board of Directors, we are soliciting your assistance in contacting the Governor's Counsel to recommend a veto on this problematic bill (S768/A1118). This legislation would define a "temporary total disability" in the Workers' Compensation Law as an "employee's inability to perform his or her pre -injury employment duties or any modified employment offered by the employer that is consistent with the employee's disability." The new provision would convert most, if not all, temporary partial disability benefits to temporary total disabilities raising the benefit level for every injured worker to two thirds of their average weekly rate (tax free), up to the weekly max of $1,125. The bill, if signed, will likely result in local governments incurring significant increases to benefit costs by potentially forcing municipalities to pay full temporary total disability benefits to even minimally disabled employees. Additionally, it could create workforce challenges with collective bargaining agreements and limit the potential modified duties that can be offered. It also results in increased overtime for workers or additional costs for hiring and training rather than fostering a return -to -work program. We are calling upon you to help advocate for a veto on this bill S.768 / A.1118. For your convenience, please find enclosed a sample letter that could be sent to Governor's Counsel, Elizabeth Fine, in support of vetoing this bill. Thank you for your time and consideration. Sincerely, ( 4%-w Jack Wheeler Chair. Board of Directors Enclosure Mary Beth Woods PERMA Executive Director perma.org Phone: 518-220-1111 A) Toll Free in US: 888-737-6269 Fax: 877-737-6232 Hon. Elizabeth Fine Counsel to the Governor State Capitol — Room 210 Albany, NY 12224 TOWN OF CORTLANDVILLE THE RAYMOND G. THORPE MUNICIPAL BUILDING 3577 Terrace Rd. Cortland, New York 13045 Phone (607) 756-6091 Fax (607) 758-7922 TDD 1-800-662-1220 Supervisor Town Board Members Attorney Tom Williams Jay Cobb, Deputy Supervisor John A. DelVecchio Jeff Guido, Deputy Supervisor Greg Leach, Town Councilman David Donlick, Town Councilman RE: URGENT: Veto Requested Bill Numbers: S.768/A.1118 Dear Ms. Fine: I am writing you today concerning a piece of proposed legislation under your consideration. This legislation will reverse many of the 2007 Workers' Compensation Reform provisions and have a significant negative financial impact on the Town of Cortlandville as well as other local governments throughout New York State. I am calling upon you to veto this bill. The legislation, A. 1118: S. 768, changes the definition of temporary total disability and will greatly impact the Town of Cortlandville workers' compensation program as noted below. The bill does not meet its stated goal of "establish[ing] a requirement for return -to -work programs" and providing "every opportunity to return to gainful employment". These changes will: • Have the unintended consequences of terminating many municipal workers under the NYS Civil Service Law due to their inability to return to work under existing transitional duty programs that do not meet the new definition. • Cause a significant fiscal impact on municipalities by converting many temporary partial disability benefits to temporary total disability, even if only minimally disabled. • Create a disincentive for injured workers to return to the workplace by providing two-thirds weekly wages tax free. • Have an unintentional conflict with collective bargaining agreements limiting modified job duty responsibilities potentially resulting in litigation or forcing additional costs for overtime or hiring and training replacement employees when they have a high number of workers out on temporary total disability. Finally, this bill has some technical flaws, including defining the status of an injured worker when they voluntarily choose to find a new job or are terminated from the current one. For these reasons, we are asking that you please veto S.768/A.1118, or at a minimum, exempt municipal entities. Thank you for your time and consideration. Sincerely, Tom Williams Supervisor Town of Cortlandville The Town of Cordandville is an equal opportunityprovider mid employer. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online http.://wwrv.asccnsdagov/complaint_ llin�_custhtnd, or at any USDA office, or call (866)632-9992 to request the form. You may also write a letter containing all of the information requested in the form or letter in the form. Send your complete complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication,1400 Independence Avenue, S.W., Washington D.0 20250-9410, by fax (202)690-7442 or email at oroeratnintake icusda.eov