2006 New York Code - Claim For Benefits.



 
    § 41. Claim  for  benefits.  The  right  to  claim benefits under this
  chapter shall be barred, except as hereinafter provided,  unless  within
  two  years  after the injury, or, if death results therefrom, within two
  years after such death, a claim for  the  benefits  under  this  chapter
  shall be filed with the chairman of the workmen's compensation board and
  a  copy  of  such  claim  shall be filed with the same officer to whom a
  notice of injury must be given under section forty of this chapter.  The
  right  of  a volunteer fireman or his dependents to claim benefits under
  this chapter for disablement or death, as the case  may  be,  caused  by
  disease  shall  not be barred by the failure of the volunteer fireman or
  his dependents to file a claim within either such period of  two  years,
  provided such claim shall be filed after either such period of two years
  and  within ninety days after disablement or ninety days after knowledge
  that the disease is or was  due  to  service  as  a  volunteer  fireman,
  whichever  is  the  later  date. 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. No case in which an advance payment is made to
  a volunteer fireman or to his dependents  in  case  of  death  shall  be
  barred by the failure of the volunteer fireman or his dependents to file
  a  claim,  and  the workmen's compensation board may at any time order a
  hearing on any such case in the  same  manner  as  though  a  claim  for
  benefits had been filed.
    The  date of injury caused by disease shall be the date of contracture
  of such disease as determined by the workmen's compensation board on the
  hearing of the claim and the responsibility of the political subdivision
  liable for the payment of benefits and its insurance  carrier  shall  be
  fixed by the date of injury as so determined.

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