ALBANY, N.Y., August 23 – Governor George E. Pataki has again vetoed legislation that would increase workers compensation benefits for certain voluntary hospital workers injured as a result of rescue activities at the site of the World Trade Center (WTC) on September 11, 2001.

Under current law, weekly workers compensation benefits are limited to two-thirds of the insured workers average wage, up to a maximum of $400 per week. This legislation, amending the Workers Compensation Law, would have set benefits for these workers at three-quarters of the workers wages and exempt the benefits from the $400 cap. The measure would have taken effect immediately and deemed to be in force on or after September 11, 2001.

In vetoing the legislation, Pataki said he vetoed a similar bill last year on the ground that it had serious technical flaws. While this bill commendably seeks to correct those flaws, the bill continues to raise policy concerns. Most notably, I remain concerned about providing an enhanced level of workers compensation and death benefits to a single, narrowly drawn class of private sector employees injured in the rescue, recovery and cleanup operations at the WTC site.

However, earlier this week I signed into law Chapter 446 of the Laws of 2006, which will assist all persons (including volunteers) engaged in the rescue, recovery and clean-up operations following the September 11 attacks in obtaining workers compensation benefits. Chapter 446 will remove obstacles faced by all WTC rescue workers, including employees of voluntary hospitals, who have developed illnesses as a result of their heroic efforts.

This was Veto number 301 by the Governor.

Senator George D. Maziarz (R/C-Monroe) and Assemblywoman Susan V. John (D-Monroe) had introduced the legislation.