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A02905 Summary:

BILL NOA02905
 
SAME ASNo Same As
 
SPONSORCahill
 
COSPNSRJenne
 
MLTSPNSR
 
Amd 40, 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.
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A02905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2905
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M.  of A. CAHILL, JENNE -- 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.
                                                                   LBD01632-01-7

        A. 2905                             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.
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