2006 New York Code - Death Or Disability Due To Disease Or Malfunction Of Heart Or Coronary Arteries; Claims And Procedures.

 
    * § 61. Death  or disability due to disease or malfunction of heart or
  coronary arteries; claims and procedures. 1. A claim  for  benefits  for
  the  death  or  disability  of  a  volunteer  fireman  due to disease or
  malfunction of the heart or of one or more coronary  arteries  filed  in
  accordance  with  section forty-one of this chapter, shall not be denied
  provided the claimant  introduces  evidence  which  establishes  that  a
  volunteer fireman suffered disease or malfunction of the heart or of one
  or  more  coronary arteries which caused the disablement or death of the
  volunteer fireman, and that such disease or  malfunction  resulted  from
  the  duties and activities in which the volunteer fireman was engaged as
  set forth in section five of this chapter for which  benefits  shall  be
  paid,  unless  it  can  be shown by substantial evidence to the contrary
  that the duties and activities of the volunteer  fireman  in  which  the
  volunteer fireman was engaged at the time of such disease or malfunction
  did  not  cause  or precipitate such disease or malfunction; and further
  provided that the injury did not result solely from the intoxication  of
  the volunteer fireman while acting in line of duty or was not occasioned
  by  the  wilful  intention  of  the volunteer fireman to bring about the
  injury or death of himself or another.
    2. The chairman of the workers' compensation  board  shall  promulgate
  rules  and  regulations providing a priority for controverted claims for
  benefits filed as provided in subdivision one of this section  provided,
  however, that the claim must be decided within ninety days measured from
  the  date  of  the  receipt  of  a  completed  claim  from the volunteer
  firefighter or his representative. Such rules and regulations shall also
  prescribe a form to be used for making claims for  such  benefits.  Such
  form  shall  specifically  request the information necessary in order to
  receive an award of benefits.
    3. This section shall not be construed to repeal  by  implication  any
  existing provision of law.
    * NB Repealed July 1, 2010