NY Vol Amb Work Ben L § 3 (2021)
2021 New York Laws VAW - Volunteer Ambulance Workers' Benefit Article 1 - Short Title; Purpose; Definitions 3 - Definitions.

§ 3. Definitions. As used in this chapter:1. "Volunteer ambulance worker" means an active volunteer member of an   ambulance  company  as  specified on a list regularly maintained by that   company for the purpose of this chapter.2. "Ambulance company" means  any  voluntary  or  municipal  ambulance   service registered or certified pursuant to article thirty of the public   health  law,  except  an  ambulance service subject to the provisions of   section two hundred nine-b of the general municipal law.3. "Line of duty" means  the  performance  by  a  volunteer  ambulance   worker  as  a  volunteer  ambulance  worker of the duties and activities   described in subdivision one of section five of  this  chapter  and  the   same  such  duties  and  activities  performed  for  a  specialized team   established pursuant to the provisions of section two hundred nine-bb of   the general municipal law for which the volunteer ambulance worker  does   not  receive  any  remuneration  or  a  gratuity  and shall be deemed to   include any date of injury as determined by  the  workers'  compensation   board  pursuant  to the provisions of section forty-one of this chapter.   The following shall not be deemed to  be  remuneration  or  a  gratuity:   reimbursement  of  expenses  for meals, lodging and actual and necessary   travel; the receipt of a mileage allowance in lieu  of  travel  expense;   and the acceptance of transportation, food, drink, shelter, clothing and   similar items while on duty or engaged in such activities.4. "Injury" means any disablement of a volunteer ambulance worker that   results  from  services  performed  in  line of duty and such disease or   infection as may naturally and unavoidably result from an injury.5. "Child" includes a posthumous child, a child legally adopted  prior   to  the  injury  of  the volunteer ambulance worker; and a step-child or   acknowledged child born out  of  wedlock  dependent  upon  the  deceased   volunteer ambulance worker.6.  "Surviving  spouse" means the legal spouse of a deceased volunteer   ambulance worker, but shall not include a spouse who has  abandoned  the   deceased.  The term "abandoned", as used in this subdivision, means such   an abandonment as would be sufficient under section two hundred  of  the   domestic  relations  law  to  sustain  a  judgment of separation on that   ground.7. "Dependent" means a surviving spouse entitled to  receive  benefits   under  this  chapter, whether or not actually dependent upon a volunteer   ambulance worker, unless a contrary meaning is clearly intended.8. "Earning capacity", except as herein provided, means:a. The ability of a volunteer ambulance worker to perform  on  a  five   day or six day basis either the work usually and ordinarily performed by   him  in  his  remunerated  employment  or  other work which for any such   worker would be a reasonable substitute for the  remunerated  employment   in which he was employed at the time of his injury, orb.  The  ability  of a volunteer ambulance worker to perform on a five   day or six day basis either the work usually and ordinarily performed by   him in the practice of his profession or in the conduct of his trade  or   business,  including  farming,  and  from  which  he could derive earned   income or other work which for any such person  would  be  a  reasonable   substitute for the profession, trade or business in which he was engaged   at the time of his injury.Every  volunteer  ambulance worker shall be considered to have earning   capacity  and,  if  the  provisions  of  paragraphs  a  and  b  of  this   subdivision   are  not  applicable  in  any  given  case,  the  workers'   compensation board, in the interest  of  justice,  shall  determine  the   reasonable  earning  capacity of the volunteer ambulance worker with due   regard to the provisions of such paragraphs and the work  he  reasonably   could  be  expected  to  obtain  and  for  which he is qualified by age,    education, training and experience. The ability of a volunteer ambulance   worker to perform the duties of a  volunteer  ambulance  worker,  or  to   engage   in   activities   incidental  thereto,  may  be  considered  in   determining  loss  of earning capacity, but the inability of a volunteer   ambulance worker to perform such duties or to engage in such  activities   shall not be a basis of determining loss of earning capacity.9.  "State"  means all territory within the boundaries of the state of   New York, including territory which has been or may hereafter  be  ceded   to  the federal government or to the United Nations and territory within   the boundaries of Indian reservations.10. "Political subdivision" means a county,  city,  town,  village  or   fire or ambulance district.11.  "State  fund"  means  the  state  insurance  fund provided for in   article six of the workers' compensation law.12.  "County  plan  of  self-insurance"  means  a   county   plan   of   self-insurance under article five of the workers' compensation law.13.  "Insurance carrier" means the state fund, the stock corporations,   mutual  corporations,  group  self-insurers   or   reciprocal   insurers   described  in  subdivision  nine  of  section  thirty of this chapter, a   county plan of self-insurance, or a self-insuring political subdivision.   For purposes of this chapter, a  nonprofit  property/casualty  insurance   company  which  is  licensed  pursuant  to subsection (b) of section six   thousand seven hundred four of the insurance law shall be deemed a stock   corporation and a nonprofit property/casualty insurance company which is   licensed as a reciprocal insurer pursuant to subsection (c)  of  section   six  thousand  seven hundred four of the insurance law shall be deemed a   reciprocal insurer.14. "Fund raising activity" means a fund raising activity described in   subdivision one of section two hundred four-a of the  general  municipal   law,  except  that for the purposes of paragraph k of subdivision one of   section five of this chapter it shall not include competitive events  in   which  volunteer  ambulance  workers  are competitors, such as baseball,   basketball, football, bowling, tugs  of  war,  donkey  baseball,  donkey   basketball,  boxing, wrestling, contests between bands or drum corps, or   other competitive  events  in  which  volunteer  ambulance  workers  are   competitors  and  which  involve  physical  exertion  on the part of the   competitors. Such term "fund raising activity" shall not include drills,   parades, inspections,  reviews,  competitive  tournaments,  contests  or   public  exhibitions,  described in paragraphs e and h of subdivision one   of section five of this chapter, even though prizes are awarded at  such   events.15. The "workers' compensation rating board" or the "New York workers'   compensation  rating  board" shall have the meaning set forth in section   two of the workers' compensation law.