2010 New York Code
VOL - Volunteer Firefighters' Benefit
Article 2 - (5 - 25) Coverage and Benefits
10 - Permanent partial disability benefits.

§ 10. Permanent  partial  disability  benefits.    1.  In  the case of
  disability partial in character, but permanent in quality, the volunteer
  firefighter shall be paid ninety-five dollars  for  each  week  for  the
  period  specified  in this subdivision, provided, however, that when the
  volunteer firefighter is injured in the line of duty on or after January
  first,  nineteen  hundred  seventy-eight  to  June  thirtieth,  nineteen
  hundred eighty-three, such payment shall be one hundred five dollars for
  each  week,  and  further  provided that when a volunteer firefighter is
  injured in the line of duty on or after  July  first,  nineteen  hundred
  eighty-three   to   and   including  June  thirtieth,  nineteen  hundred
  eighty-four, such payments shall be one hundred twenty-five dollars  for
  each  week  and  provided further that when the volunteer firefighter is
  injured in the line of duty on or after  July  first,  nineteen  hundred
  eighty-four   to   and   including   June  thirtieth,  nineteen  hundred
  eighty-five such payments shall be one hundred thirty-five  dollars  for
  each  week  and  provided further that when the volunteer firefighter is
  injured in the line of duty on or after  July  first,  nineteen  hundred
  eighty-five  to  and  including  June thirtieth, nineteen hundred ninety
  such payments shall be one hundred fifty  dollars  for  each  week,  and
  provided  further  that when the volunteer firefighter is injured in the
  line of duty on or after July first,  nineteen  hundred  ninety  to  and
  including  June  thirtieth,  nineteen  hundred  ninety-one such payments
  shall be two hundred eighty dollars for each week, and provided  further
  that when the volunteer firefighter is injured in the line of duty on or
  after  July  first,  nineteen  hundred  ninety-one to and including June
  thirtieth, nineteen hundred ninety-two  such  payments  shall  be  three
  hundred  fifty dollars for each week, and provided further that when the
  volunteer firefighter is injured in the line of duty on  or  after  July
  first,  nineteen  hundred ninety-two such payments shall be four hundred
  dollars for each week, as follows:
 
  (a) Loss of member.
  Member lost ............................................ Number of weeks
  Arm ................................................................ 312
  Leg ................................................................ 288
  Hand ............................................................... 244
  Foot ............................................................... 205
  Eye ................................................................ 160
  Thumb ............................................................... 75
  First finger ........................................................ 46
  Great toe ........................................................... 38
  Second finger ....................................................... 30
  Third finger ........................................................ 25
  Toe other than great toe ............................................ 16
  Fourth finger ....................................................... 15
 
  If more than one phalange of a digit shall be lost, the period shall  be
  the same as for the loss of the entire digit. If only the first phalange
  shall  be  lost, the period shall be one-half the period for loss of the
  entire digit. The period 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 period for the loss of use of the  hand  or  foot
  occasioned  thereby,  but  shall not exceed the period for the loss of a
  hand or foot. If an arm or leg shall be amputated at or above the  wrist
  or  ankle, the period for such loss shall be in proportion to the period
  for the loss of the arm or leg. In the case of loss of binocular  vision
  or  of  eighty  per  centum  or more of the vision of an eye, the period
  shall be the same as for the loss of the eye.

(b) Loss of hearing. In the case of the complete loss of  the  hearing
  of  one  ear,  sixty  weeks;  for  the loss of hearing of both ears, one
  hundred fifty weeks.
    (c) Total loss of use. In the case of permanent total loss of use of a
  member, the period shall be the same as for the loss of the member.
    (d)  Partial  loss or partial loss of use. Except as above provided in
  this subdivision, in the case of permanent partial loss or loss  of  use
  of  a  member, the period shall be for the proportionate loss or loss of
  use of the member.  Compensation for permanent partial 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.
    (e)  Disfigurement.  In  the  case   of   serious   facial   or   head
  disfigurement,  including  a disfigurement continuous in length which is
  partly in the facial area and also  extends  into  the  neck  region  as
  described  in this paragraph, the volunteer firefighter shall be paid in
  a lump sum a proper and equitable amount, which shall be  determined  by
  the  workers'  compensation  board.  If  the  earning  capacity  of  the
  volunteer firefighter shall have been impaired, or may in the future  be
  impaired,  by  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, the volunteer firefighter
  shall be paid in a lump sum a proper and equitable amount which shall be
  determined by such  board.  Two  or  more  serious  disfigurements,  not
  continuous  in  length,  resulting from the same injury, if partially in
  the facial area and partially in such neck region, shall be deemed to be
  a facial disfigurement. An award, or the aggregate of the awards,  to  a
  volunteer  firefighter  under  this  paragraph  shall  not exceed twenty
  thousand dollars.
    (f) Total or partial loss or loss of use of more than one member.   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 above in paragraphs  a
  to  e,  both  inclusive,  of  this  subdivision,  but  not  amounting to
  permanent total disability, the periods for loss or loss of use of  each
  such member or part thereof shall run consecutively.
    (g)  Other  cases.  In all other cases of permanent partial disability
  the volunteer fireman shall be paid for each week during the continuance
  thereof, as follows:
    1. If the percentage of loss of earning capacity is  seventy-five  per
  centum, or greater, he or she shall be paid ninety-five dollars for each
  week,  provided, however, that when the volunteer firefighter is injured
  in the line  of  duty  on  or  after  January  first,  nineteen  hundred
  seventy-eight   to   and  including  June  thirtieth,  nineteen  hundred
  eighty-three, such payment shall be one hundred five  dollars  for  each
  week  provided,  however, that when the volunteer firefighter is injured
  in  the  line  of  duty  on  or  after  July  first,  nineteen   hundred
  eighty-three   to   and   including  June  thirtieth,  nineteen  hundred
  eighty-four, such payment shall be one hundred twenty-five  dollars  for
  each  week  provided,  however,  that  when the volunteer firefighter is
  injured in the line of duty on or after  July  first,  nineteen  hundred
  eighty-four   to   and   including   June  thirtieth,  nineteen  hundred
  eighty-five such payment shall be one hundred  thirty-five  dollars  for
  each  week,  provided,  however,  that when the volunteer firefighter is
  injured in the line of duty on or after  July  first,  nineteen  hundred
  eighty-five  to  and  including  June thirtieth, nineteen hundred ninety
  such payment shall be one hundred fifty dollars for each week, provided,
  however, that when the volunteer firefighter is injured in the  line  of
  duty  on  or  after July first, nineteen hundred ninety to and including

June thirtieth, nineteen hundred ninety-one such payment  shall  be  two
  hundred eighty dollars for each week, and provided further that when the
  volunteer  firefighter  is  injured in the line of duty on or after July
  first,  nineteen  hundred  ninety-one  to  and including June thirtieth,
  nineteen hundred ninety-two such payment shall be  three  hundred  fifty
  dollars  for  each  week,  and  provided further that when the volunteer
  firefighter is injured in the line of  duty  on  or  after  July  first,
  nineteen  hundred  ninety-two such payment shall be four hundred dollars
  for each week;
    2. If the percentage of loss of earning capacity is fifty per  centum,
  or  greater,  but  less than seventy-five per centum, he or she shall be
  paid sixty-three dollars and thirty-three cents for each week, provided,
  however, that when the volunteer firefighter is injured in the  line  of
  duty  on  or  after January first, nineteen hundred seventy-eight to and
  including June thirtieth, nineteen hundred  eighty-three,  such  payment
  shall be seventy dollars for each week, provided, however, that when the
  volunteer  firefighter  is  injured in the line of duty on or after July
  first, nineteen hundred eighty-three to and  including  June  thirtieth,
  nineteen  hundred eighty-four such payment shall be eighty-three dollars
  and thirty-three cents for each week, provided, however, that  when  the
  volunteer  firefighter  is  injured in the line of duty on or after July
  first, nineteen hundred eighty-four, to and  including  June  thirtieth,
  nineteen  hundred  eighty-five, such payment shall be ninety dollars for
  each week, provided, however, that when  the  volunteer  firefighter  is
  injured  in  the  line  of duty on or after July first, nineteen hundred
  eighty-five to and including June  thirtieth,  nineteen  hundred  ninety
  such  payment  shall  be  one  hundred  dollars for each week, provided,
  however, that when the volunteer firefighter is injured in the  line  of
  duty  on  or  after July first, nineteen hundred ninety to and including
  June thirtieth, nineteen hundred ninety-one such payment  shall  be  one
  hundred   eighty-six  dollars  and  seventy-six  cents  for  each  week,
  provided, however, that when the volunteer firefighter is injured in the
  line of duty on or after July first, nineteen hundred ninety-one to  and
  including June thirtieth, nineteen hundred ninety-two such payment shall
  be  two  hundred  thirty-four  dollars  and  fifty  cents for each week,
  provided, however, that when the volunteer firefighter is injured in the
  line of duty on or after July first, nineteen  hundred  ninety-two  such
  payment shall be two hundred sixty-eight dollars for each week;
    3.  If  the  percentage of loss of earning capacity is twenty-five per
  centum, or greater, but less than fifty per centum,  he  shall  be  paid
  thirty dollars for each week;
    4.  If  the  percentage  of  loss  of  earning  capacity  is less than
  twenty-five per centum,  he  shall  not  be  paid  any  weekly  benefit.
  Permanent  partial  disability,  within  the  meaning of this paragraph,
  shall exist only if the earning capacity of the  volunteer  fireman  has
  been  permanently  and  partially  lost as the result of the injury. The
  workmen's  compensation  board  shall  determine  the  degree  of   such
  disability  and  such board may reconsider such degree on its own motion
  or upon application of any party in interest.
    2. An award made to a claimant under this section  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.

(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 seven of this chapter,  as  directed
  by  the  workmen's  compensation  board;  and  if there shall 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 seven 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 such subdivision
  one.
    3. An award for  disability  may  be  made  after  the  death  of  the
  volunteer fireman.

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