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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 12. Department of Labor |
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Chapter V. Workers' Compensation |
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Subchapter H. Disability Benefits |
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Article 1. Regulations Under Disability Benefits Law |
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Part 363. Claims |
Sec. 363.1. Disability defined
Latest version.
- Whenever used in this Article:(a) Disability during employment means the inability of an employee, as a result of injury or sickness not arising out of and in the course of an employment, to perform the regular duties of his employment or the duties of any other employment which his employer may offer him at his regular wages and which his injury or sickness does not prevent him from performing.(b) Regular wages as used herein means the wages, as defined in section 357.1 of this Title, that the employee would have earned if disability had not prevented him from working.(c) Disability during unemployment means the inability of an employee, as a result of injury or sickness not arising out of and in the course of an employment, to perform the duties of any employment for which he is reasonably qualified by training and experience.(d) Injury and sickness means accidental injury, disease, infection or illness.