|SAME AS||No Same As|
|Amd S40, Vol Ffs Ben L|
|Establishes a volunteer firefighters' benefit claim assistance unit to initiate contact with injured firefighter or his or her surviving dependents and assist with filing claims and expediting payments.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 1718 2015-2016 Regular Sessions IN ASSEMBLY January 12, 2015 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Local Governments AN ACT to amend the volunteer firefighters' benefit law, in relation to providing for temporary payments of benefit pending final determi- nation of claim The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 40 of the volunteer firefighters' benefit law, as 2 amended by chapter 544 of the laws of 1957, is amended to read as 3 follows: 4 § 40. [ Notice] Claim assistance unit; notice of injury or death. The 5 workers' compensation board shall establish a volunteer firefighters' 6 benefit claim assistance unit. Such unit shall be responsible to initi- 7 ate contact with any volunteer firefighter who sustains a life threaten- 8 ing injury, or in the case of death, the surviving dependents of such 9 volunteer firefighter and shall provide any and all assistance required 10 to file claims and expedite payment of any and all benefits allowable 11 under this chapter. 12 Notice of an injury or death for which benefits are to be paid or 13 provided under this chapter shall be given to the political subdivision 14 liable for the payment thereof within ninety days after such injury or 15 death except that such notice need not be given if a claim is filed 16 pursuant to section forty-one of this [ chapter] article within ninety 17 days after such injury or death. Either such notice may be given by any 18 person claiming to be entitled to such benefits [ or], by someone in his 19 or her behalf, or by a claim assistant. The notice shall be in writing, 20 shall contain the name and address of the volunteer [ fireman] firefight- 21 er, and state in ordinary language the time, place, nature and cause of 22 the injury and shall be signed by him or her or by a person on his or 23 her behalf or, in case of death, by any one or more of his or her depen- 24 dents, [ or] by a person on their behalf, or by a claim assistant. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06174-01-5A. 1718 2 1 notice shall be given to the clerk of the board of supervisors of the 2 county, the comptroller or chief financial officer of the city, the town 3 clerk of the town, the clerk of the village or the secretary of the fire 4 district, as the case may be, by delivering it to such officer or by 5 registered letter properly addressed to such officer. 6 The failure to give notice of injury or notice of death shall be a bar 7 to any claim under this chapter unless such failure is excused by the 8 [ workmen's] workers' compensation board on any of the following grounds, 9 (1) that for some sufficient reason the notice could not have been 10 given, (2) that a member of a body in charge of, or any officer of, the 11 fire department or fire company had knowledge within such ninety-day 12 period of the injuries or death, (3) that the political subdivision, or 13 its insurance carrier had not been prejudiced by a delay in giving such 14 notice, or (4) that the cause of disablement or death was not known to 15 be the result of service performed in line of duty as a volunteer [ fire-16 man] firefighter in sufficient time to comply with the provisions of 17 this section. 18 § 2. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law; provided, however, that effective immediate- 20 ly, the addition, amendment and/or repeal of any rule or regulation 21 necessary for the implementation of this act on its effective date is 22 authorized and directed to be made and completed on or before such 23 effective date.