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

§  207-c.  Payment  of salary, wages, medical and hospital expenses of   police officers with injuries or illness incurred in the performance  of   duties.  * 1.  Any  sheriff, undersheriff, deputy sheriff or corrections   officer of the sheriff's department of any county or  any  member  of  a   police  force  of  any county, city of less than one million population,   town or village, or of any district, agency, board, body  or  commission   thereof,  or  any  LIRR  police  officer  as defined in paragraph two of   subdivision a of section three hundred eighty-nine of the retirement and   social security law whose benefits are provided in and pursuant to  such   section  three  hundred  eighty-nine, or a detective-investigator or any   other investigator who is a police officer pursuant to the provisions of   the criminal procedure law employed in the office of a district attorney   of any county,  or  any  corrections  officer  of  the  county  of  Erie   department  of  corrections, or an advanced ambulance medical technician   employed by the county of Nassau, or any detention officer  employed  by   the  city of Yonkers, or any supervising fire inspector, fire inspector,   fire marshal, or assistant fire marshal employed full-time in the county   of Nassau fire marshal's office, or at  the  option  of  the  county  of   Nassau,  any probation officer of the county of Nassau 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 The   Long  Island  Rail  Road Company by which he or she is employed the full   amount of his or her regular salary or wages from  such  employer  until   his  or  her  disability  arising therefrom has ceased, and, in addition   such municipality or The Long Island Rail Road Company shall  be  liable   for  all  medical  treatment and hospital care necessitated by reason of   such injury or  illness.  Provided,  however,  and  notwithstanding  the   foregoing  provisions  of this section, the municipal or The Long Island   Rail Road Company health authorities or any physician appointed for  the   purpose  by  the  municipality  or The Long Island Rail Road Company, as   relevant, after a determination has first been made that such injury  or   sickness  was  incurred  during,  or  resulted from, such performance of   duty, may attend any such injured or sick police officer, from  time  to   time, for the purpose of providing medical, surgical or other treatment,   or  for making inspections, and the municipality or The Long Island Rail   Road Company, as the case may be, shall not  be  liable  for  salary  or   wages  payable  to  such  police  officer,  or  for  the cost of medical   treatment or hospital care furnished after  such  date  as  such  health   authorities  or physician shall certify that such injured or sick police   officer has recovered and is physically  able  to  perform  his  or  her   regular  duties.  Any injured or sick police officer who shall refuse to   accept medical treatment or hospital care  or  shall  refuse  to  permit   medical   inspections   as  herein  authorized,  including  examinations   pursuant to subdivision two of this section, shall  be  deemed  to  have   waived  his  or her rights under this section in respect to expenses for   medical treatment or hospital care rendered  and  for  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  police  officer,  any  such   advanced ambulance medical technician or any such detention officer.* NB  Effective  until  certain  provisions provided in chapter 628 of   1991 § 7 have been met.* 1. Any sheriff, undersheriff, deputy sheriff or corrections  officer   of  the sheriff's department of any county (hereinafter referred to as a   "police officer") or any member of a police force of any county, city of    less than one million population, town or village, or of  any  district,   agency,  board,  body or commission thereof, or a detective-investigator   or any other investigator who  is  a  police  officer  pursuant  to  the   provisions  of  the  criminal  procedure law employed in the office of a   district attorney of any county,  or  any  corrections  officer  of  the   county  of  Erie  department  of  corrections,  or an advanced ambulance   medical technician employed by the county of Nassau,  or  any  detention   officer  employed  by  the  city  of  Yonkers,  or  any supervising fire   inspector, fire  inspector,  fire  marshal  or  assistant  fire  marshal   employed  full-time in the county of Nassau fire marshal's office, or at   the option of the county of Nassau, any probation officer of the  county   of  Nassau 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 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 shall be liable   for all medical treatment and hospital care necessitated  by  reason  of   such  injury  or  illness.  Provided,  however,  and notwithstanding the   foregoing provisions of this section, the municipal  health  authorities   or  any physician appointed for the purpose by the municipality, after a   determination has first been made  that  such  injury  or  sickness  was   incurred  during, or resulted from, such performance of duty, may attend   any such injured or sick police officer, from  time  to  time,  for  the   purpose of providing medical, surgical or other treatment, or for making   inspections and the municipality shall not be liable for salary or wages   payable  to such police officer, or for the cost of medical treatment or   hospital care furnished after such date as such  health  authorities  or   physician  shall  certify  that  such injured or sick police officer has   recovered and is physically able to perform his or her  regular  duties.   Any  injured  or  sick police officer who shall refuse to accept medical   treatment or hospital care or shall refuse to permit medical inspections   as herein authorized, including examinations pursuant to subdivision two   of this section, shall be deemed to have waived his or her rights  under   this  section  in  respect to expenses for medical treatment or hospital   care rendered and for 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 police officer, a member of a   police force of any county, city, any such  advanced  ambulance  medical   technician,     any    such    detention    officer    or    any    such   detective-investigator or any other such investigator who  is  a  police   officer pursuant to the provisions of the criminal procedure law.* NB Effective when certain provisions provided in chapter 628 of 1991   § 7 have been met2.  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  police  officer  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 police officer 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.  If  application  for such retirement   allowance or pension is not made by  such  police  officer,  application    therefor  may  be  made  by the head of the police force or as otherwise   provided by the chief executive officer or local legislative body of the   municipality by which such police officer is employed.3. If such a police officer 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 police 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 police officer if he   or she shall refuse to perform such light police 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 police officer  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.  The  appropriate  municipal officials may transfer such a police   officer to a position in another agency or  department  where  they  are   able  to  do  so  pursuant  to applicable civil service requirements and   provided the police officer shall consent thereto.* NB Effective until certain provisions provided  in  chapter  628  of   1991 § 7 have been met* 4.  The  appropriate  municipal or The Long Island Rail Road Company   officials may transfer a police officer to a position in another  agency   or  department where they are able to do so pursuant to applicable civil   service or The Long Island Rail Road Company requirements  and  provided   the police officer shall consent thereto.* NB Effective when certain provisions provided in chapter 628 of 1991   § 7 have been met5.  If  such a police officer 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   police   officer   is   transferred  to  another  position  pursuant  to   subdivision four of this section or 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 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.* 6.  Notwithstanding  any provision of law contrary thereto contained   herein or elsewhere, a cause of action shall accrue to the  municipality   for  reimbursement  in such sum or sums actually paid as salary or wages   and or for medical treatment and hospital  care  as  against  any  third   party  against  whom the police officer shall have a cause of action for   the injury sustained or sickness caused by such third party.* NB Effective until certain provisions provided  in  chapter  628  of   1991 § 7 have been met. * 6.  Notwithstanding  any provision of law contrary thereto contained   herein or elsewhere, a cause of action shall accrue to the  municipality   or  The  Long  Island Rail Road Company for reimbursement in such sum or   sums actually paid as salary or wages and or for medical  treatment  and   hospital care as against any third party against whom the police officer   shall have a cause of action for the injury sustained or sickness caused   by such third party.* NB Effective when certain provisions provided in chapter 628 of 1991   § 7 have been met