NY Gen Mun L § 207-A (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 207-A - Payment of Salary, Medical and Hospital Expenses of Firefighters With Injuries or Illness Incurred in Performance of Duties.

§   207-a.  Payment  of  salary,  medical  and  hospital  expenses  of   firefighters with injuries or illness incurred in performance of duties.   1. Any paid firefighter 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, or any paid firefighter of a county airport or   county  aviation  department which performs fire response or fire rescue   duties, who is injured in the performance of his or her duties or who is   taken sick as a result of the performance of his or her duties so as  to   necessitate medical or other lawful remedial treatment, shall be paid by   the  municipality  or  fire  district by which he or she is employed the   full amount of his or her regular salary  or  wages  until  his  or  her   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  firefighter,  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 firefighter, 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  firefighter   has  recovered  and  is  physically  able  to perform his or her regular   duties in the company or department. Any injured or sick firefighter 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 or her 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 firefighter who is permanently disabled as a result of an injury   or sickness incurred or resulting from the performance  of  his  or  her   duties   if   such  firefighter  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  or  she is a member; provided, however, that in any such case   such firefighter shall continue to receive from the municipality or fire   district by which he or she is employed, until such time as  he  or  she   shall  have  attained the mandatory service retirement age applicable to   him or her or shall have attained the age or  performed  the  period  of   service  specified  by  applicable law for the termination of his or her   service,  the  difference  between  the  amounts  received  under   such   allowance  or  pension  and  the  amount of his or her 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  firefighter,   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  firefighter  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  firefighter  is  employed  may appeal such   determination.3. If such a firefighter 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 or her 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  firefighter  if  he  or  she   shall  refuse  to  perform  such light duty if the same is available and   offered to him or her, provided, however, that such light duty shall  be   consistent  with his or her status as a firefighter and shall enable him   or her to continue to be entitled to his or her regular salary or wages,   including increases thereof and fringe benefits,  to  which  he  or  she   would  have  been  entitled if he or she were able to perform his or her   regular duties.4. If such a firefighter 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 or she 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 or she shall have attained the   mandatory  service retirement age applicable to him or her or shall have   attained the age  or  performed  the  period  of  service  specified  by   applicable  law  for the termination of his or her service. Where such a   firefighter retires or is retired under any procedure applicable to  him   or  her,  including  but  not  limited  to  circumstances  described  in   subdivision two of this section or in this subdivision, he or she  shall   thereafter, in addition to any portion of regular wages or salary and/or   any retirement allowance or pension to which he or she 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  firefighter  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 firefighter shall consent thereto.6.  Any  firefighter  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 or her  entitlement  to  any  payments  and   benefits  hereunder, and any such payment or benefit unlawfully received   by such firefighter shall be refunded to and may  be  recovered  by  the   municipal  corporation  or fire district employing such firefighter 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 firefighter shall   have a cause of action for the injuries sustained.