0 chapters · 59 sections in this title.
N.Y. Volunteer Firefighters' Benefit Law § 1 Short title
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§ 1. Short title. a. This chapter shall be known and may be cited as\n"volunteer firefighters' benefit law".\n b. Reference in this chapter or in any other law to the volunteer\nfiremen's benefit law shall be deemed to mean and refer to the volunteer\nfirefighters' benefit law. …
N.Y. Volunteer Firefighters' Benefit Law § 10 Permanent partial disability benefits
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§ 10. Permanent partial disability benefits. 1. In the case of disability partial in character, but permanent in quality, the volunteer firefighter shall be paid ninety-five dollars for each week for the period specified in this subdivision, provided, however, that when the volu…
N.Y. Volunteer Firefighters' Benefit Law § 11 Temporary partial disability benefits
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§ 11. Temporary partial disability benefits. In the case of temporary partial disability the volunteer firefighter shall be paid for each week during the continuance thereof, as follows: 1. If the percentage of loss of earning capacity is seventy-five per centum, or greater, he …
N.Y. Volunteer Firefighters' Benefit Law § 11-A Repair or replacement of prosthetic devices
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§ 11-a. Repair or replacement of prosthetic devices. If, as a result\nof services performed in line of duty, a volunteer firefighter damages\nor loses any prosthetic devices required to be worn or used by him or\nher, whether or not he or she is injured, such prosthetic device s…
N.Y. Volunteer Firefighters' Benefit Law § 11-B Hazardous exposures
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§ 11-b. Hazardous exposures. If, as a result of services performed in line of duty, a volunteer firefighter is exposed to or comes in contact with any poisons, gases, x-rays, radium, radio-active materials or other potentially harmful substances or matter, the chief engineer or …
N.Y. Volunteer Firefighters' Benefit Law § 11-C Medical examination of volunteer firefighters to detect and identify the human immunodeficiency virus (HIV)
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* § 11-c. Medical examination of volunteer firefighters to detect and identify the human immunodeficiency virus (HIV). 1. Whenever a volunteer firefighter has been exposed to a significant risk of transmission of the human immunodeficiency virus (HIV) while performing services i…
N.Y. Volunteer Firefighters' Benefit Law § 11-C*2 Volunteer firefighters; presumption in certain diseases
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* § 11-c. Volunteer firefighters; presumption in certain diseases. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, and for the purposes of this chapter, any condition of impairment of health caused by diseases of the lung, r…
N.Y. Volunteer Firefighters' Benefit Law § 12 Non-schedule adjustments
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§ 12. Non-schedule adjustments. Notwithstanding any other provision of this chapter, in any case coming within the provisions of sections ten and eleven of this chapter, in which the right to benefits has been established and benefits have been paid for not less than three month…
N.Y. Volunteer Firefighters' Benefit Law § 13 Reclassification of disabilities
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§ 13. Reclassification of disabilities. Subject to the limitations in section fifty-one of this chapter and in section one hundred twenty-three of the workmen's compensation law as made applicable to this chapter by section fifty-seven of this chapter, the workmen's compensation…
N.Y. Volunteer Firefighters' Benefit Law § 14 Previous disability
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§ 14. Previous disability. The fact that a volunteer firefighter has suffered previous disability or received benefits therefor as provided in section two hundred five of the general municipal law, the workers' compensation law, or this chapter shall not preclude him or her from…
N.Y. Volunteer Firefighters' Benefit Law § 15 Expense for rehabilitating injured volunteer firefighters
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§ 15. Expense for rehabilitating injured volunteer firefighters. A volunteer firefighter, who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who, under the direction of the state education department is bein…
N.Y. Volunteer Firefighters' Benefit Law § 16 Treatment and care
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§ 16. Treatment and care. A volunteer firefighter injured in line of\nduty shall be entitled to receive medical, surgical, podiatric,\nchiropractic, psychological and other attendance and treatment, nurse\nand hospital service, medicine, crutches, artificial members, devices,\na…
N.Y. Volunteer Firefighters' Benefit Law § 17 Noncitizens
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§ 17. Noncitizens. Financial benefits payable under this chapter to noncitizens not residents or about to become nonresidents of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to s…
N.Y. Volunteer Firefighters' Benefit Law § 18 Disposition of accrued benefits upon death
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§ 18. Disposition of accrued benefits upon death. Except as otherwise provided in section ten of this chapter, in the case of the death of an injured volunteer firefighter to whom there was due at the time of his or her death any benefits under the provisions of this chapter, th…
N.Y. Volunteer Firefighters' Benefit Law § 19 Exclusiveness of remedy
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§ 19. Exclusiveness of remedy. The benefits provided by this chapter shall be the exclusive remedy of a volunteer firefighter, or his or her spouse, parents, dependents, next of kin, executor or administrator, or anyone otherwise entitled to recover damages, at common law or oth…
N.Y. Volunteer Firefighters' Benefit Law § 2 Purpose
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§ 2. Purpose. One of the finest traditions of American community life is the service which people render to others without remuneration. Volunteer firefighters have long been in the forefront of this group. In recognition of the unselfish service by these volunteers, government …
N.Y. Volunteer Firefighters' Benefit Law § 20 Other remedies of volunteer firefighters; subrogation
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§ 20. Other remedies of volunteer firefighters; subrogation. The provisions of section twenty-nine of the workers' compensation law to the extent that such provisions are not inconsistent with the provisions of this chapter, shall be applicable as fully as if set forth in this c…
N.Y. Volunteer Firefighters' Benefit Law § 21 Assistance to other states, the Dominion of Canada, property ceded to the federal government and to Indian reservations
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§ 21. Assistance to other states, the Dominion of Canada, property ceded to the federal government and to Indian reservations. 1. Whenever a fire company or fire department in this state shall answer a call to furnish assistance to any political subdivision or territory of anoth…
N.Y. Volunteer Firefighters' Benefit Law § 22 Revenues and benefits from sources other than this chapter
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§ 22. Revenues and benefits from sources other than this chapter. 1. Benefits, savings or insurance of the injured or deceased volunteer firefighter, or insurance carried for his benefit under subsection (a) of section four thousand two hundred thirty-seven of the insurance law,…
N.Y. Volunteer Firefighters' Benefit Law § 23 Assignments, exemptions
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§ 23. Assignments, exemptions. Benefits payable under this article shall not be assigned, released or commuted, except as provided by this chapter, and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection…
N.Y. Volunteer Firefighters' Benefit Law § 24 Waiver agreements
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§ 24. Waiver agreements. No agreement or release by a volunteer firefighter, or, in the case of death, the dependents of a deceased volunteer firefighter, to waive his or her right to benefits under this chapter shall be valid, except as provided in section thirty-two of the wor…
N.Y. Volunteer Firefighters' Benefit Law § 25 Limitation of time
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§ 25. Limitation of time. No limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor so long as he has no committee or guardian.
N.Y. Volunteer Firefighters' Benefit Law § 3 Definitions
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§ 3. Definitions. As used in this chapter:\n 1. "Volunteer firefighter" means an active volunteer member of a fire\ncompany.\n 2. "Fire company" means:\n a. A fire company of a county, city, town, village or fire district\nfire department, whether or not any such company has bee…
N.Y. Volunteer Firefighters' Benefit Law § 30 Liability for and payment of benefits
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§ 30. Liability for and payment of benefits. Except as otherwise provided in article five of the workers' compensation law, in section two hundred nine-i of the general municipal law and in section twenty-one of this chapter: 1. If at the time of injury the volunteer firefighter…
N.Y. Volunteer Firefighters' Benefit Law § 31 The insurance contract
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§ 31. The insurance contract. 1. The provisions of subdivisions one, two, four, five and seven of section fifty-four of the workmen's compensation law, in relation to the insurance contract, which are not inconsistent with this chapter, shall be applicable as fully as if set for…
N.Y. Volunteer Firefighters' Benefit Law § 32 Group insurance
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§ 32. Group insurance. 1. Notwithstanding any provision of section thirty of this chapter, any town may contract for a single policy of insurance indemnifying (1) all fire protection districts and fire alarm districts wholly within such town which are liable for the payment of b…
N.Y. Volunteer Firefighters' Benefit Law § 33 Lien for benefits
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§ 33. Lien for benefits. Benefits to be paid and provided under this chapter shall be a lien against the assets of the stock corporation, mutual corporation or reciprocal insurer liable therefor, without limit of amount, subordinate, however, to claims for unpaid wages and prior…
N.Y. Volunteer Firefighters' Benefit Law § 4 Removal of civil liability barriers
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§ 4. Removal of civil liability barriers. 1. (a) Liability protection. (1) A fire company or political subdivision, including a person acting as an agent thereof, that acts reasonably in donating qualified fire control or fire rescue equipment to a volunteer fire company shall n…
N.Y. Volunteer Firefighters' Benefit Law § 40 Notice of injury or death
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§ 40. Notice of injury or death. Notice of an injury or death for which benefits are to be paid or provided under this chapter shall be given to the political subdivision liable for the payment thereof within ninety days after such injury or death except that such notice need no…
N.Y. Volunteer Firefighters' Benefit Law § 41 Claim for benefits
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§ 41. Claim for benefits. The right to claim benefits under this\nchapter shall be barred, except as hereinafter provided, unless within\ntwo years after the injury, or, if death results therefrom, within two\nyears after such death, a claim for the benefits under this chapter\n…
N.Y. Volunteer Firefighters' Benefit Law § 42 Reports of injuries, claims and proceedings
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§ 42. Reports of injuries, claims and proceedings. If an injury is one for which an insurance carrier might be liable under a contract of insurance or a county plan of self-insurance might be required to pay, the officer to whom a notice of injury is required to be delivered or …
N.Y. Volunteer Firefighters' Benefit Law § 43 Determination of claims for benefits
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§ 43. Determination of claims for benefits. The provisions of section twenty of the workmen's compensation law shall be applicable as fully as if set forth in this chapter, except that the waiting period of seven days for the presentation of claims for benefits shall not apply t…
N.Y. Volunteer Firefighters' Benefit Law § 44 Presumptions
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§ 44. Presumptions. If a claim for benefits is filed within two years after the injury, or, if death results therefrom, is filed within two years after such death, as provided in section forty-one of this chapter, then in any proceeding for the enforcement of such claim, it shal…
N.Y. Volunteer Firefighters' Benefit Law § 45 Modification of awards, decisions or orders
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§ 45. Modification of awards, decisions or orders. The provisions of section twenty-two of the workmen's compensation law shall be applicable as fully as if set forth in this chapter.
N.Y. Volunteer Firefighters' Benefit Law § 46 Appeals
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§ 46. Appeals. The provisions of section twenty-three of the workmen's compensation law shall be applicable as fully as if set forth in this chapter except that reimbursement following modification or rescission upon appeal shall be paid from administration expenses as provided …
N.Y. Volunteer Firefighters' Benefit Law § 47 Costs and fees
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§ 47. Costs and fees. The provisions of section twenty-four of the workmen's compensation law shall be applicable as fully as if set forth in this chapter.
N.Y. Volunteer Firefighters' Benefit Law § 48 Representation before the workmen's compensation board
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§ 48. Representation before the workmen's compensation board. The provisions of section twenty-four-a of the workmen's compensation law which are not inconsistent with the provisions of this chapter shall be applicable as fully as if set forth in this chapter.
N.Y. Volunteer Firefighters' Benefit Law § 49 Benefits; how payable
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§ 49. Benefits; how payable. Except as otherwise provided in subdivisions one and two of section seven of this chapter, benefits under this chapter shall be paid in the manner provided in section twenty-five of the workmen's compensation law. The provisions of such section twent…
N.Y. Volunteer Firefighters' Benefit Law § 5 Coverage
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§ 5. Coverage. 1. The duties and activities in relation to which benefits shall be paid and provided pursuant to this chapter are: a. Necessary travel to, working at, and necessary travel returning from a fire, alarm of fire, hazardous material incident or other emergency to whi…
N.Y. Volunteer Firefighters' Benefit Law § 50 Payments pending controversies
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§ 50. Payments pending controversies. In order that the benefits to be paid and provided under this chapter shall be paid promptly where such benefits are conceded to be due to any person because of the death of or injuries to a volunteer firefighter, but controversy exists as t…
N.Y. Volunteer Firefighters' Benefit Law § 51 Fund for reopened cases
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§ 51. Fund for reopened cases. 1. The provisions of section twenty-five-a of the workers' compensation law shall be applicable as fully as if set forth in this chapter, except that, other than with respect to the annual assessment under such section twenty-five-a, payments to an…
N.Y. Volunteer Firefighters' Benefit Law § 52 Awards to nonresidents; nonresident compensation fund
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§ 52. Awards to nonresidents; nonresident compensation fund. The provisions of section twenty-five-b of the workmen's compensation law shall be applicable as fully as if set forth in this chapter.
N.Y. Volunteer Firefighters' Benefit Law § 53 Enforcement of payment
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§ 53. Enforcement of payment. 1. The provisions of section twenty-six of the workmen's compensation law, other than the portions relating to section fourteen-a, subdivision eight of section fifteen and section fifty of the workmen's compensation law, shall be applicable as fully…
N.Y. Volunteer Firefighters' Benefit Law § 54 Aggregate trust fund
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§ 54. Aggregate trust fund. The provisions of section twenty-seven of the workmen's compensation law which are not inconsistent with the provisions of this section, shall be applicable as fully as if set forth in this chapter with respect to claims for benefits under this chapte…
N.Y. Volunteer Firefighters' Benefit Law § 55 Penalty for false representation
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§ 55. Penalty for false representation. If for the purpose of obtaining any benefit or payment under the provisions of this chapter, or for the purpose of influencing any determination regarding any benefit or payment under the provisions of this chapter, either for himself or f…
N.Y. Volunteer Firefighters' Benefit Law § 56 Non-duplication of benefits
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§ 56. Non-duplication of benefits. If benefits are required to be paid under this chapter in the event of injury to or death of a volunteer firefighter, the volunteer firefighter or other persons entitled to such benefits shall not receive workers' compensation under the provisi…
N.Y. Volunteer Firefighters' Benefit Law § 57 Miscellaneous provisions
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§ 57. Miscellaneous provisions. The provisions of article seven of the workmen's compensation law which are not inconsistent with the provisions of this chapter shall be applicable as if fully set forth herein. The reference to sections twenty-five-a and fifty of the workmen's c…
N.Y. Volunteer Firefighters' Benefit Law § 58 Application of provisions of workmen's compensation law
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§ 58. Application of provisions of workmen's compensation law. All the powers and duties conferred or imposed upon the chairman of the workmen's compensation board and the workmen's compensation board by the workmen's compensation law which are necessary for the administration o…
N.Y. Volunteer Firefighters' Benefit Law § 59 Liberal construction
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§ 59. Liberal construction. The provisions of this article relating to giving notice of injury and filing of claim, and to the contents of any such notice or claim, shall be construed liberally in order to effectuate the objects and purposes of this chapter.
N.Y. Volunteer Firefighters' Benefit Law § 6 Volunteer firefighters' benefits; general
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§ 6. Volunteer firefighters' benefits; general. If a volunteer firefighter dies from the effects of injury in line of duty, or if such a firefighter shall be injured in line of duty, benefits shall be paid and provided pursuant to this chapter, except that there shall be no liab…