2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
207-A - Payment of salary, medical and hospital expenses of firemen with injuries or illness incurred in performance of duties.

 
    §  207-a.  Payment of salary, medical and hospital expenses of firemen
  with injuries or illness incurred in performance of duties. 1. Any  paid
  fireman  which  term as used in this section shall mean any paid officer
  or member of an organized fire company or fire department of a  city  of
  less than one million population, or town, village or fire district, 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
  fire district 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 or fire district shall be liable for  all
  medical  treatment  and  hospital care furnished during such disability.
  Provided, however, and notwithstanding the foregoing provisions of  this
  section, the municipal health authorities or any physician appointed for
  the  purpose  by  the municipality or fire district, may attend any such
  injured or sick fireman, from time to time, for the purpose of providing
  medical, surgical or other treatment, or for making inspections and  the
  municipality  or  fire  district shall not be liable for salary or wages
  payable to such a fireman, or for the cost of medical or  hospital  care
  or  treatment  furnished,  after  such date as the health authorities or
  such physician shall certify that  such  injured  or  sick  fireman  has
  recovered  and  is  physically able to perform his regular duties in the
  company or department. Any injured or sick fireman who shall  refuse  to
  accept such medical treatment or hospital care or shall refuse to permit
  medical   inspections   as  herein  authorized,  including  examinations
  resulting from the application  of  subdivision  two  hereof,  shall  be
  deemed  to  have  waived  his  rights  under  this section in respect to
  expenses incurred for medical treatment or hospital care  or  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 member of the  fire  department
  of any such city.
    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  fireman who is permanently disabled as a result of an injury or
  sickness incurred or resulting from the performance  of  his  duties  if
  such  fireman  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;  provided,
  however,  that  in  any such case such fireman shall continue to receive
  from the municipality or fire district by which he  is  employed,  until
  such time as 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,  the  difference  between  the  amounts  received  under   such
  allowance  or pension and the amount of his regular salary or wages. Any
  payment made by a municipal corporation or fire district pursuant to the
  provisions of this subdivision shall be deemed to have been made  for  a
  valid  and  lawful  public  purpose.  If application for such retirement
  allowance or pension is not made by such fireman,  application  therefor
  may  be  made  by  the head of the fire company or fire department or as
  otherwise provided by the  fire  district  or  by  the  chief  executive
  officer  or  local  legislative  body  of the municipality by which such

  fireman is employed.  If  such  application  for  accidental  disability
  retirement   allowance   or   retirement   for  disability  incurred  in
  performance of duty allowance is denied, the fire district or  municipal
  corporation   by   which  such  fireman  is  employed  may  appeal  such
  determination.
    3. If such a fireman 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 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 fireman if he shall refuse to
  perform  such  light  duty  if the same is available and offered to him,
  provided, however, that such light duty shall  be  consistent  with  his
  status  as  a fireman 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. If such a fireman  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 fireman 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 portion of regular
  wages or salary and/or 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.
    4-a. Any benefit payable pursuant to subdivision two of  this  section
  to  a  person  who  is  granted  retirement  for  disability incurred in
  performance of duty pursuant to section three hundred  sixty-three-c  of
  the retirement and social security law shall be reduced by the amount of
  the  benefits  that  are  finally  determined payable under the workers'
  compensation law by reason of accidental disability.
    5. The appropriate municipal or fire district officials  may  transfer
  such a fireman to a position in the same or another agency or department
  where  they  are  able  to  do  so  pursuant to applicable civil service
  requirements and provided the fireman shall consent thereto.
    6. Any  fireman  receiving  payments  or  benefits  pursuant  to  this
  section,  who  engages  in  any  employment  other  than  as provided in
  subdivision three or five of this section shall on the  commencement  of
  such  employment,  forfeit  his entitlement to any payments and benefits
  hereunder, and any such payment or benefit unlawfully received  by  such
  fireman  shall  be  refunded  to  and  may be recovered by the municipal
  corporation or fire district employing such fireman in a  civil  action.
  For  the  purposes  of this section, employment shall not include income
  derived from passive involvement with: gains derived  from  dealings  in
  property,   interest   income,  rents  from  real  property,  royalties,
  dividends, alimony and separate maintenance payments, annuities,  income
  from life insurance and endowment contracts, other pensions, income from

  the  discharge of indebtedness, income in the respect of a decedent, and
  income from an interest in an estate or trust.
    7.  Notwithstanding  any  provision  of law contrary thereto contained
  herein or elsewhere, a cause of action shall accrue to the  municipality
  or  fire  district  aforesaid  for  reimbursement  in  such  sum or sums
  actually paid as a salary  or  wages  and/or  for  medical  or  hospital
  treatment,  as  against  any  third party against whom the fireman shall
  have a cause of action for the injuries sustained.