2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
207-C - 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