2006 New York Code - Payments To Injured Or Representatives Of Deceased Volunteer Firemen.

 
    §  205.  Payments  to injured or representatives of deceased volunteer
  firemen.  First. If an active member of a volunteer fire company in  any
  city,  incorporated village or in any fire district of a town outside of
  an incorporated village or  in  any  part  of  a  town  protected  by  a
  volunteer   fire  company  incorporated  under  the  provisions  of  the
  membership corporations  law,  or  if  an  active  member  of  any  duly
  organized  volunteer  fire company, dies from injuries incurred while in
  the performance of his duties as such fireman or as a member of  a  fire
  department  emergency relief squad, a fire police squad or a fire patrol
  within one year thereafter, the city, village,  fire  district  or  town
  which  is  responsible as provided in subdivision fourth of this section
  shall pay as follows:
    a. If such volunteer fireman is a member of a volunteer  fire  company
  located in any city in which a pension fund is maintained, the relatives
  of  such  volunteer  fireman  shall be entitled to a pension in the same
  manner and at the same rates as if he were a member  of  the  paid  fire
  department of such city.
    b.  If  in  any other place the sum of three thousand dollars shall be
  paid to the widow of such deceased volunteer fireman or to the  executor
  or  administrator  of  his  estate  if he is not survived by a widow. In
  addition there shall be paid to the widow of such volunteer fireman  for
  the  benefit  of such child or children the sum of twenty-five dollars a
  month for each surviving child, including a posthumous  child,  of  such
  deceased  fireman  under  the age of eighteen years, but not more than a
  total of fifty dollars a month for all such children, or if the decedent
  be not survived by a widow, or if she dies before  the  payments  cease,
  then  such  payments  for  a  child  or  children shall be made to their
  guardian or to relatives with whom they are living for their benefit.
    Second. Any  such  volunteer  fireman  who  shall  become  permanently
  incapacitated  for  performing the full duties of a volunteer fireman by
  reason of disease or disability caused or induced by actual  performance
  of  the duties of his position, without fault or misconduct on his part,
  shall
    a. If a member of a volunteer fire company  located  in  any  city  in
  which a pension fund is maintained, be paid a pension in the same manner
  and  at the same rate as if he were a member of the paid fire department
  of such city.
    b. If a member of a volunteer fire company in any other place, be paid
  one-half the amount which would have been payable in case  of  death  to
  his  executor or administrator under the provisions of subdivision first
  of this section;
    Provided, however,  that  if  such  volunteer  fireman  shall  at  the
  expiration  of the disability payments provided for in subdivision third
  of this section be totally incapacitated to engage in any occupation for
  remuneration or profit by reason of  disease  or  disability  caused  by
  actual  performance  of  the  duties  of  his position, without fault or
  misconduct on his part, he shall be paid the sum of fifteen dollars  per
  week  during  the  period  thereafter  that  such total incapacity shall
  continue and, in addition thereto, during such  period  there  shall  be
  paid  to  him for the benefit of his child or children the sum of twelve
  dollars fifty cents a month for each child under  the  age  of  eighteen
  years,  but not more than a total of twenty-five dollars a month for all
  such children, but no payment on account of a child shall continue after
  such child shall have attained the age of eighteen years. In  the  event
  payments  to  a  volunteer  fireman and his children on account of total
  incapacity, as heretofore in this subdivision provided, shall  not  have
  amounted  to  the  sum to which he would otherwise have been entitled on
  account of permanent incapacity for performing  the  full  duties  of  a
  volunteer fireman and he shall be found to have recovered to such extent
  that  he  is  no  longer  totally incapacitated but is still permanently
  incapacitated for performing the full duties  of  a  volunteer  fireman,
  there  shall  be paid to him the difference between the payments already
  made to him for his own account and for the account of his children  and
  the  amount  to  which  he  would  be entitled under this subdivision on
  account of permanent incapacity for performing  the  full  duties  of  a
  volunteer  fireman.    The  authorities having jurisdiction to audit the
  claim of any volunteer fireman claiming total disability benefits  under
  this  subdivision  shall  have the right to cause such injured volunteer
  fireman to be examined from time to time at reasonable intervals by  the
  municipal health authorities or any physician appointed by them for that
  purpose  to  determine whether total disability continues and, in case a
  volunteer fireman receiving total disability  benefits  hereunder  shall
  refuse to permit any such examination to be made, such authorities shall
  be  authorized  to discontinue the payment of benefits to him until such
  examination is allowed.   Third. Any such volunteer  fireman  who  shall
  receive  injuries while performing his duties as such, while in the fire
  house, while going to or returning from a fire by any means  of  travel,
  transportation,  or conveyance whatever, or while working at the fire or
  answering a call or fire alarm or while officially engaged in testing or
  inspecting the apparatus, or equipment, or while engaged as a member  of
  a  fire  department,  or  fire  company,  emergency relief squad or fire
  police squad, or fire patrol or while attending a fire school, or  while
  instructing  or  being  instructed in fire duties or while attending any
  drill or parade or inspection in which  his  company  or  department  is
  engaged,  or  while  engaged  in  emergency  work  not  related  to fire
  extinguishment or prevention or going to  or  returning  therefrom  when
  duly  authorized to participate therein, so as to necessitate medical or
  other lawful remedial treatment or prevent him from following his  usual
  vocation  on  account  thereof, shall be reimbursed for such sums as are
  actually and necessarily paid  for  medical  or  other  lawful  remedial
  treatment,  not  exceeding  five  hundred  dollars.  He  shall  also  be
  compensated for the time he was actually and necessarily prevented  from
  following  his  vocation or for the time of his disability on account of
  such injuries, at the rate of thirty-six dollars per week not to  exceed
  one thousand eight hundred dollars.
    Notice of an injury or death for which benefits are payable under this
  section  shall  be  given  to the municipal corporation or fire district
  responsible for the payment thereof within thirty days  after  receiving
  such  injury,  and  also  in  case of the death of the volunteer fireman
  resulting from such injury within thirty days after such  death.    Such
  notice  may  be  given  by  any  person  claiming to be entitled to such
  benefits or by someone in his behalf. The notice shall  be  in  writing,
  shall  contain  the name and address of the volunteer fireman, and state
  in ordinary language the time, place, nature and cause of the injury and
  shall be signed by him or by a person on  his  behalf  or,  in  case  of
  death,  by  any  one  or more of his dependents, or by a person on their
  behalf. The notice shall be given to the comptroller or chief  financial
  officer of the city, the clerk of the village, the secretary of the fire
  district,  or  the  town  clerk  of  the  town,  as  the case may be, by
  delivering it to such officer or by registered letter properly addressed
  to such officer. The failure to give notice of injury or notice of death
  shall be a bar to any claim under this section.  Failure to give  notice
  of  such injury or death within such thirty day period may be excused by
  the county judge who would have jurisdiction of a controversy under this
  section, upon petition and notice in the manner provided in  subdivision
  fifth  of  this section, either upon the ground that for some sufficient
  reason the notice had not been given, or that any member of  a  body  in
  charge  of,  or  any  officer of the fire department or fire company had
  knowledge within such thirty day period, of the injuries  or  death,  or
  that  the municipal corporation or fire district has not been prejudiced
  by a delay in giving such notice.
    Any such volunteer fireman who shall  receive  injuries  as  aforesaid
  shall,  when  certified  by  the chief or other executive officer of the
  fire department or by the appropriate administrative officers under whom
  he serves, be received by any public, private, or semi-private  hospital
  for  care and treatment at the usual ward or semi-private patient rates,
  including charges at the prevailing ward or semi-private  patient  rates
  for necessary nursing, laboratory tests, x-ray examinations and physical
  therapy,  or,  in  case  any  such  hospital  has  a  contract  with the
  municipality served  by  such  volunteer  fireman,  then  at  the  rates
  specified in such contract.
    Within  two  years  after  receiving  the  injury, or if death results
  therefrom within two years after such death, a claim  for  the  benefits
  under this section shall be filed with the same officer to whom a notice
  of  an  injury  must  be  given,  as  aforesaid.  The  claim shall be in
  substantially the same  form  and  shall  give  substantially  the  same
  information  as  is required to be given in a claim under the provisions
  of   section   twenty-eight   of   the   workmen's   compensation   law.
  Notwithstanding the provisions of any other law, any such claim need not
  be sworn to, verified or acknowledged.
    Payments  of  weekly benefits under this section shall commence within
  fifteen days after the filing of such claim, and payments of  lump  sum,
  and  monthly,  death  benefits  under  this  section  shall  be  made or
  commenced within thirty days after  such  filing.  In  the  event  of  a
  failure  to make such payments within any such period or to continue the
  same for the time required therefor, a controversy shall be presumed  to
  have  arisen  and  a  proceeding may thereupon be instituted pursuant to
  subdivision fifth of this section to compel such payment.
    Fourth. In cities any benefit under  this  section  shall  be  a  city
  charge  and  any  claim  therefor  shall be audited and paid in the same
  manner as other city charges, except that no part of the moneys  payable
  under  this  section  shall  be  paid from the pension funds of the said
  departments therein. In villages any such benefit  shall  be  a  village
  charge  and  any  claim  therefor  shall be audited and paid in the same
  manner as other village charges, and shall be assessed upon the property
  liable to taxation in said village, and levied and collected in the same
  manner as village taxes. In fire districts any such benefit shall  be  a
  fire district charge and any claim therefor shall be audited and paid in
  the  same  manner  as other fire district charges, and shall be assessed
  upon the property in such fire districts liable to taxation, and  levied
  and collected in the same manner as fire district taxes. If such fireman
  was  a member of a town fire company or fire department or a member of a
  fire company incorporated under the membership corporations law, located
  outside of a city, village or fire district, any such benefit shall be a
  town charge and any claim therefor shall be audited and paid in the same
  manner as town charges and shall be assessed upon the property liable to
  taxation in the territory protected by such fire company and levied  and
  collected  in  the  same manner as town charges therein. If such fireman
  was a member of a fire company  or  fire  department  operating  in,  or
  maintained jointly by two or more villages, or two or more towns, or two
  or  more  fire districts, any such benefit shall be a charge against the
  village, town or fire district, in which  the  fire  occurred.  If  such
  injury  occur  while assistance is being rendered to a neighboring city,
  town, village, fire district, fire protection district (including a fire
  protection district served by the company or department  of  which  such
  fireman is a member), fire alarm district, or territory outside any such
  district  upon the call of such city, town, village, fire district, fire
  protection  district, fire alarm district, or territory outside any such
  district, or while going to or returning from the place from whence such
  call came, or death shall result from any such injury, any such  benefit
  shall  be  a  charge  against such neighboring city, town, village, fire
  district, fire protection district, fire alarm  district,  or  territory
  outside  any such district, so issuing the call for assistance and after
  audit shall be paid and assessed upon the property liable to taxation in
  such neighboring city, town, village,  fire  district,  fire  protection
  district,  fire  alarm district, or territory outside any such district,
  and levied and collected in the same manner as other charges against the
  same are levied and collected.
    Any city, village, fire district or town may finance  the  payment  of
  any  benefits  payable  under  the  provisions  of  this  section by the
  issuance of serial bonds or capital notes pursuant to the local  finance
  law  unless  it  is required by some other law to pay such benefits from
  current funds.
    Any such city, village, fire district or the town board acting for and
  on behalf of any  fire  protection  district,  fire  alarm  district  or
  territory   outside  any  such  district,  may  contract  for  insurance
  indemnifying against the liability imposed  by  this  section,  provided
  further that such contract of insurance shall also indemnify against the
  liability  imposed  by  the  workmen's  compensation  law in relation to
  injuries or death of volunteer firemen, and the cost of  such  insurance
  shall  be  paid and provided in the same manner as benefits are required
  to be paid and provided in this section.
    If any claim under this section is one for which an insurance  company
  might  be  liable, or if it is a claim for which a mutual self-insurance
  plan under  subdivision  three-a  of  section  fifty  of  the  workmen's
  compensation law might be liable, the officer to whom a notice of injury
  is  required to be delivered or mailed and with whom a claim is required
  to be filed under the provisions of this section shall send  a  copy  of
  any  such  notice  or  claim  and  a  copy of any notice of a proceeding
  relating to an injury or claim to such insurance company or plan, as the
  case may be, promptly after receiving the same.
    Any money paid to an  executor  or  administrator  under  any  of  the
  provisions  of  this section shall be distributed in the manner provided
  by law for the distribution of personal property,  and  all  money  paid
  under  this  section shall be exempt from any process for the collection
  of debts either against the volunteer fireman or any beneficiary to whom
  the same is paid under the provisions of this section.
    No release from the liability imposed by this section shall  be  valid
  if  it  shall  appear  that  the  person  executing such release has not
  received the full amount to which he is entitled under the provisions of
  this section.
    The words "injury" and "injuries", as used in  this  section,  include
  any  disablement  of  a  volunteer  fireman  as the direct result of the
  performance of his duties.
    If for the purpose of obtaining  any  benefit  or  payment  under  the
  provisions  of  this  section,  or  for  the  purpose of influencing any
  determination regarding any benefit or payment under the  provisions  of
  this  section,  either  for  himself or for any other person, any person
  wilfully makes a false statement or representation, he shall  be  guilty
  of a misdemeanor.
    The provisions of this section relating to giving notice of injury and
  filing  claim, and to the contents of any such notice or claim, shall be
  construed liberally in order to effectuate the objects and  purposes  of
  this section.
    Fifth.  Any  controversy  arising  at any time under the provisions of
  this section shall be determined by the county judge of  any  county  in
  which  the  city,  village,  fire  district,  or  town,  which  would be
  responsible for payments  under  this  section,  is  located.  For  that
  purpose,  any party may present a petition to such county judge, setting
  forth the facts and rights which are claimed. A copy  of  such  petition
  and  notice  of the time and place when the same will be presented shall
  be served on all persons interested therein, at least eight  days  prior
  to such presentation.
    Sixth.  The  provisions  of  this section shall not apply to volunteer
  firemen killed or injured on or after the first day of  March,  nineteen
  hundred fifty-seven, or who die from the effects of injuries received on
  or after such date.