2006 New York Code - Payment Of Salary, Wages, Medical And Hospital Expenses Of Policemen With Injuries Or Illness Incurred In The Performance Of Duties.



 
    §  207-c.  Payment  of salary, wages, medical and hospital expenses of
  policemen  with injuries or  illness  incurred  in  the  performance  of
  duties.
    *  1. Any sheriff, undersheriff, deputy sheriff or corrections officer
  of the sheriff's department of any county (hereinafter referred to as  a
  "policeman") or any member of a police force of any county, city of less
  than  one  million  population,  town  or  village,  or of any district,
  agency, board, body or commission thereof, or  a  detective-investigator
  or  any  other  investigator  who  is  a  police officer pursuant to the
  provisions of the criminal procedure law employed in  the  office  of  a
  district  attorney  of  any  county,  or  any corrections officer of the
  county of Erie department  of  corrections,  or  an  advanced  ambulance
  medical  technician employed by the county of Nassau, or any supervising
  fire inspector, fire inspector, fire marshal or assistant  fire  marshal
  employed  full-time in the county of Nassau fire marshal's office, or at
  the option of the county of Nassau, any probation officer of the  county
  of  Nassau  who  is  injured  in the performance of his duties or who is
  taken sick as a result of  the  performance  of  his  duties  so  as  to
  necessitate  medical or other lawful remedial treatment shall be paid by
  the municipality by which he is employed the full amount of his  regular
  salary  or wages until his disability arising therefrom has ceased, and,
  in addition such municipality shall be liable for all medical  treatment
  and  hospital  care  necessitated  by  reason of such injury or illness.
  Provided, however, and notwithstanding the foregoing provisions of  this
  section, the municipal health authorities or any physician appointed for
  the  purpose  by  the municipality, after a determination has first been
  made that such injury or sickness was incurred during, or resulted from,
  such performance of duty, may attend any such injured or sick policeman,
  from time to time, for the purpose of  providing  medical,  surgical  or
  other  treatment,  or  for making inspections and the municipality shall
  not be liable for salary or wages payable to such policeman, or for  the
  cost  of medical treatment or hospital care furnished after such date as
  such health authorities or physician shall certify that such injured  or
  sick  policeman  has  recovered  and  is  physically able to perform his
  regular duties. Any injured or sick policeman who shall refuse to accept
  medical treatment or hospital care or shall  refuse  to  permit  medical
  inspections  as  herein  authorized,  including examinations pursuant to
  subdivision two of this section, shall be  deemed  to  have  waived  his
  rights  under  this section in respect to expenses for medical treatment
  or hospital care rendered and for salary or  wages  payable  after  such
  refusal.
    Notwithstanding  any  provision  of law to the contrary, a provider of
  medical treatment or hospital care furnished pursuant to the  provisions
  of  this  section  shall not collect or attempt to collect reimbursement
  for such treatment or care from any such policeman, a member of a police
  force  of  any  county,  city,  any  such  advanced  ambulance   medical
  technician   or  any  such  detective-investigator  or  any  other  such
  investigator who is a police officer pursuant to the provisions  of  the
  criminal procedure law.
  *  NB  Effective  until  the  first  day of the calendar month following
  receipt by the comptroller of the election by The Long Island Rail  Road
  Company
    *  1. Any sheriff, undersheriff, deputy sheriff or corrections officer
  of the sheriff's department of any county or  any  member  of  a  police
  force  of  any county, city of less than one million population, town or
  village, or of any district, agency, board, body or commission  thereof,
  or  any LIRR police officer as defined in paragraph two of subdivision a
  of section three  hundred  eighty-nine  of  the  retirement  and  social
  security law whose benefits are provided in and pursuant to such section
  three  hundred  eighty-nine,  or  a  detective-investigator or any other
  investigator who is a police officer pursuant to the provisions  of  the
  criminal  procedure law employed in the office of a district attorney of
  any county, or any corrections officer of the county of Erie  department
  of  corrections, or an advanced ambulance medical technician employed by
  the county of Nassau, or any supervising fire inspector, fire inspector,
  fire marshal, or assistant fire marshal employed full-time in the county
  of Nassau fire marshal's office, or at  the  option  of  the  county  of
  Nassau,  any probation officer of the county of Nassau who is injured in
  the performance of his duties or who is taken sick as a  result  of  the
  performance  of  his duties so as to necessitate medical or other lawful
  remedial treatment shall be paid by the municipality or The Long  Island
  Rail Road Company by which he is employed the full amount of his regular
  salary  or  wages  from  such  employer  until  his  disability  arising
  therefrom has ceased, and, in addition such  municipality  or  The  Long
  Island  Rail  Road Company shall be liable for all medical treatment and
  hospital  care  necessitated  by  reason  of  such  injury  or  illness.
  Provided,  however, and notwithstanding the foregoing provisions of this
  section, the municipal or The  Long  Island  Rail  Road  Company  health
  authorities   or   any  physician  appointed  for  the  purpose  by  the
  municipality or The Long Island Rail Road Company, as relevant, after  a
  determination  has  first  been  made  that  such injury or sickness was
  incurred during, or resulted from, such performance of duty, may  attend
  any  such  injured or sick policeman, from time to time, for the purpose
  of providing  medical,  surgical  or  other  treatment,  or  for  making
  inspections,  and the municipality or The Long Island Rail Road Company,
  as the case may be, shall not be liable for salary or wages  payable  to
  such  policeman,  or  for the cost of medical treatment or hospital care
  furnished after such date as such health authorities or physician  shall
  certify  that  such  injured  or  sick  policeman  has  recovered and is
  physically able to perform his  regular  duties.  Any  injured  or  sick
  policeman  who shall refuse to accept medical treatment or hospital care
  or shall refuse to permit  medical  inspections  as  herein  authorized,
  including  examinations  pursuant  to  subdivision  two of this section,
  shall be deemed to have waived his rights under this section in  respect
  to  expenses  for  medical  treatment  or hospital care rendered and for
  salary or wages payable after such refusal.
    Notwithstanding any provision of law to the contrary,  a  provider  of
  medical  treatment or hospital care furnished pursuant to the provisions
  of this section shall not collect or attempt  to  collect  reimbursement
  for  such treatment or care from any such policeman or any such advanced
  ambulance medical technician.
  * NB Effective the first day of the calendar month following receipt  by
  the comptroller of the election by The Long Island Rail Road Company
    2.  Payment of the full amount of regular salary or wages, as provided
  by subdivision one of this section, shall be discontinued  with  respect
  to any policeman who is permanently disabled as a result of an injury or
  sickness  incurred  or  resulting  from the performance of his duties if
  such policeman is granted an accidental disability retirement  allowance
  pursuant  to  section  three  hundred  sixty-three of the retirement and
  social security law, a retirement for disability incurred in performance
  of duty allowance pursuant to section three hundred sixty-three-c of the
  retirement and social security  law  or  similar  accidental  disability
  pension  provided  by  the  pension  fund  of  which  he is a member. If
  application for such retirement allowance or pension is not made by such
  policeman, application therefor may be made by the head  of  the  police
  force  or  as otherwise provided by the chief executive officer or local
  legislative  body  of  the  municipality  by  which  such  policeman  is
  employed.
    3.  If  such  a  policeman  is not eligible for or is not granted such
  accidental disability retirement allowance or retirement for  disability
  incurred   in  performance  of  duty  allowance  or  similar  accidental
  disability pension and is nevertheless, in the opinion  of  such  health
  authorities  or  physician,  unable  to  perform his regular duties as a
  result of such injury or sickness but is  able,  in  their  opinion,  to
  perform specified types of light police duty, payment of the full amount
  of  regular  salary  or  wages,  as  provided by subdivision one of this
  section, shall be discontinued with respect  to  such  policeman  if  he
  shall  refuse to perform such light police duty if the same is available
  and offered to him, provided, however, that such  light  duty  shall  be
  consistent  with  his  status  as  a  policeman  and shall enable him to
  continue to be entitled  to  his  regular  salary  or  wages,  including
  increases  thereof  and  fringe  benefits,  to  which he would have been
  entitled if he were able to perform his regular duties.
    * 4. The appropriate municipal officials may transfer such a policeman
  to a position in another agency or department where they are able to  do
  so  pursuant  to  applicable civil service requirements and provided the
  policeman shall consent thereto.
  * NB Effective until the first  day  of  the  calendar  month  following
  receipt  by the comptroller of the election by The Long Island Rail Road
  Company
    * 4. The appropriate municipal or The Long Island  Rail  Road  Company
  officials  may  transfer  a policeman to a position in another agency or
  department where they are able to do so  pursuant  to  applicable  civil
  service  or  The Long Island Rail Road Company requirements and provided
  the policeman shall consent thereto.
  * NB Effective the first day of the calendar month following receipt  by
  the comptroller of the election by The Long Island Rail Road Company
    5.  If  such  a  policeman  is  not  eligible for or is not granted an
  accidental disability retirement allowance or retirement for  disability
  incurred   in  performance  of  duty  allowance  or  similar  accidental
  disability pension, he shall not be entitled to further payment  of  the
  full  amount  of regular salary or wages, as provided by subdivision one
  of this section, after he shall  have  attained  the  mandatory  service
  retirement  age  applicable  to  him  or  shall have attained the age or
  performed the period of service specified  by  applicable  law  for  the
  termination  of  his  service.  Where such a policeman is transferred to
  another position pursuant to subdivision four of this section or retires
  or is retired under any procedure applicable to him, including  but  not
  limited to circumstances described in subdivision two of this section or
  in  this subdivision, he shall thereafter, in addition to any retirement
  allowance or pension to which  he  is  then  entitled,  continue  to  be
  entitled  to  medical treatment and hospital care necessitated by reason
  of such injury or illness.
    * 6. Notwithstanding any provision of law contrary  thereto  contained
  herein  or elsewhere, a cause of action shall accrue to the municipality
  for reimbursement in such sum or sums actually paid as salary  or  wages
  and  or  for  medical  treatment  and hospital care as against any third
  party against whom the policeman shall have a cause of  action  for  the
  injury sustained or sickness caused by such third party.
  *  NB  Effective  until  the  first  day of the calendar month following
  receipt by the comptroller of the election by The Long Island Rail  Road
  Company
    *  6.  Notwithstanding any provision of law contrary thereto contained
  herein or elsewhere, a cause of action shall accrue to the  municipality
  or  The  Long  Island Rail Road Company for reimbursement in such sum or
  sums actually paid as salary or wages and or for medical  treatment  and
  hospital  care  as  against  any  third party against whom the policeman
  shall have a cause of action for the injury sustained or sickness caused
  by such third party.
  *  NB Effective the first day of the calendar month following receipt by
  the comptroller of the election by The Long Island Rail Road Company

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