reglab/statecodes huggingface dataset:
2023 New York Laws › VIL - Village › Article 23 - Construction; Laws Repealed; Effective Date › 23-2208 - Existing Rights and Remedies Preserved.

§ 23-2208 Existing rights and remedies preserved. No existing right or
  remedy of any character shall be lost, impaired or affected by reason of
  this  chapter,  nor shall the validity of any action taken by any public
  official under the law in force  immediately  prior  to  the  time  this
  chapter shall take effect be affected by the enactment of this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 1 - Short Title; Purpose; Definitions › 2 - Purpose.

§ 2. Purpose.  In  recognition  of  the unselfish service given to the
  people  of  New  York  state  by  these  volunteer  ambulance   workers,
  government  has  undertaken  to provide for them and their families some
  measure of protection against loss from death or injuries in the line of
  duty. This chapter  establishes  a  system  of  benefits  for  volunteer
  ambulance  workers and provides for the administration of such system by
  the workers' compensation board and the chairman of such board.
It is hereby declared that this chapter is intended to effectuate  the
  objects  and  purposes  of  section eighteen of article one of the state
  constitution and that the relationship between the political subdivision
  or volunteer ambulance company liable for benefits  under  this  chapter
  and  a  volunteer  ambulance worker entitled to such benefits is that of
  employer and employee within the meaning of such provision of the  state
  constitution.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 6 - Volunteer Ambulance Workers' Benefits; General.

§ 6. Volunteer  ambulance  workers'  benefits; general. If a volunteer
  ambulance worker dies from the effects of injury in the line of duty, or
  if such an ambulance worker shall be injured in line of  duty,  benefits
  shall  be  paid and provided pursuant to this chapter, except that there
  shall be no liability for such benefits when the injury has been  solely
  occasioned  by  intoxication  of  the  volunteer  ambulance worker while
  acting in line of duty or by  the  wilful  intention  of  the  volunteer
  ambulance  worker  to  bring  about  the  injury  or death of himself or
  another.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 7-A - Date of Death Benefits.

§ 7-a. Date  of  death  benefits.  All  weekly  benefits payable under
  section seven of this article shall accrue as of the date  of  death  of
  the  volunteer  ambulance  worker. In the event that a person or persons
  entitled to weekly benefits shall die before a determination is made  on
  the  merits  of  their  claim,  and  such determination on the merits is
  ultimately in their favor, then all weekly benefits due from the date of
  death of the volunteer ambulance worker up to the date of death  of  the
  person  or persons entitled to such weekly benefits shall be paid to the
  executor or administrator of the estate of such person or persons.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 8 - Permanent Total Disability Benefits.

§  8.  Permanent  total  disability  benefits.  In  the  case of total
  disability adjudged to be permanent the volunteer ambulance worker shall
  be paid six  hundred  dollars  for  each  week  during  the  continuance
  thereof. Permanent total disability, within the meaning of this section,
  shall  exist  only  if  the  earning capacity of the volunteer ambulance
  worker has been lost permanently  and  totally  as  the  result  of  the
  injury.  The  loss  of  both  hands, or both arms, or both feet, or both
  legs, or both eyes, or  any  two  thereof,  shall,  in  the  absence  of
  conclusive proof to the contrary, constitute permanent total disability,
  but in all other cases permanent total disability shall be determined in
  accordance  with the facts. Notwithstanding any other provisions of this
  chapter, an injured volunteer ambulance worker disabled due to the  loss
  or  total loss of use of both eyes, or both hands, or both arms, or both
  feet, or both legs, or any two thereof shall not suffer  any  diminution
  of  such  weekly  benefit by engaging in business or employment provided
  his or her weekly earnings or  wages,  when  combined  with  his  weekly
  benefit  shall  not  be  in excess of eight hundred dollars; and further
  provided that the application  of  this  section  shall  not  result  in
  reduction of benefits which an injured volunteer ambulance worker who is
  disabled  due  to  the  loss  or total loss of use of both eyes, or both
  hands, or both arms, or both feet, or both  legs,  or  any  two  thereof
  would  otherwise  be  entitled  to  under  any  other provisions of this
  article.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 9 - Temporary Total Disability Benefits.

§ 9. Temporary  total  disability  benefits.  In the case of temporary
  total disability the volunteer ambulance  worker  shall  be  paid  three
  hundred  dollars for each week during the continuance thereof; provided,
  however, that when the volunteer ambulance worker is injured in the line
  of duty on  or  after  the  effective  date  of  this  chapter  to  June
  thirtieth,  nineteen  hundred  ninety;  further  provided, that when the
  volunteer ambulance worker is injured in the line of duty  on  or  after
  July  first, nineteen hundred ninety to June thirtieth, nineteen hundred
  ninety-one, said ambulance worker  shall  receive  three  hundred  forty
  dollars  per  week during the continuance thereof, and further provided,
  that when a volunteer ambulance worker is injured in the line of duty on
  or after July first, nineteen  hundred  ninety-one  to  June  thirtieth,
  nineteen  hundred  ninety-two, said ambulance worker shall receive three
  hundred fifty dollars per week during the continuance thereof;  provided
  further that when a volunteer ambulance worker is injured in the line of
  duty  on  or  after  July  first,  nineteen  hundred  ninety-two to June
  thirtieth, two thousand twenty-one, such ambulance worker shall be  paid
  four  hundred  dollars  for  each  week  during the continuance thereof;
  provided further that when a volunteer ambulance worker  is  injured  in
  the  line  of  duty on or after July first, two thousand twenty-one such
  ambulance worker shall be paid six hundred fifty dollars for  each  week
  during  the  continuance thereof. Temporary total disability, within the
  meaning of this section, shall exist only if the earning capacity of the
  volunteer ambulance worker has been lost temporarily and totally as  the
  result  of  the  injury.  In  case  of  temporary  total  disability and
  permanent partial disability both resulting from the same injury, if the
  temporary total disability continues for a longer period than the number
  of weeks set forth in the following schedule, the  period  of  temporary
  total disability in excess of such number of weeks shall be added to the
  period  provided  in section ten of this chapter: arm, thirty-two weeks;
  leg, forty weeks; hand, thirty-two weeks; foot, thirty-two  weeks;  ear,
  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks; first
  finger, eighteen weeks; great toe, twelve weeks; second  finger,  twelve
  weeks;  third finger, eight weeks, fourth finger, eight weeks; toe other
  than great toe, eight weeks. In any case resulting in  loss  or  partial
  loss  of  use  of  arm, leg, hand, foot, ear, eye, thumb, finger or toe,
  where the temporary total disability does not extend beyond the  periods
  above  mentioned  for  such  injury,  benefits  shall  be limited to the
  schedule contained in section ten of this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 11-A - Repair or Replacement of Prosthetic Devices.

§ 11-a. Repair  or  replacement of prosthetic devices. If, as a result
  of services performed in line of  duty,  a  volunteer  ambulance  worker
  damages  or  loses any prosthetic devices required to be worn or used by
  him, whether or not he is  injured,  such  prosthetic  device  shall  be
  repaired,  or  replaced  in  the discretion of the workers' compensation
  board, and necessary medical, surgical or other attendance or treatment,
  nurse and hospital service, in connection therewith shall be  furnished,
  in  the  same manner as a prosthetic device would be furnished, replaced
  or repaired and treatment and care  provided  under  the  provisions  of
  section  sixteen  of  this  article.  Damage  to or loss of a prosthetic
  device shall be deemed an injury, except  that  no  disability  benefits
  shall be payable with respect to such injury under sections eight, nine,
  ten  and eleven of this article. The term "prosthetic device" as used in
  this section includes an artificial limb,  artificial  eye,  eyeglasses,
  contact  lens,  hearing aid, denture or dental appliance or any surgical
  appliance required to be worn or used by the volunteer ambulance worker,
  but shall not include shoes or any other article considered as  ordinary
  wearing apparel, whether or not specially constructed.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 11-B - Hazardous Exposures.

§ 11-b. Hazardous  exposures. If, as a result of services performed in
  line of duty, a volunteer ambulance worker is exposed  to  or  comes  in
  contact  with  any poisons, gases, x-rays, radium, radioactive materials
  or other potentially harmful substances or matter, the captain or  other
  executive  officer  of  the  ambulance  department,  volunteer ambulance
  company or ambulance district of which he is a member may authorize  the
  volunteer ambulance worker to obtain such examinations, tests, treatment
  and  care  as  are  immediately  necessary  to  determine  whether he is
  injured.  Any such authorization may be granted prior to the giving of a
  notice of injury under this chapter. In any  such  case,  the  volunteer
  ambulance  worker  shall  be  deemed  to  have been injured and shall be
  entitled to treatment and care and disability benefits  as  provided  in
  this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 12 - Nonschedule Adjustments.

§ 12. Nonschedule  adjustments. Notwithstanding any other provision of
  this chapter, in any case coming within the provisions of  sections  ten
  and  eleven  of  this  article,  in which the right to benefits has been
  established and benefits have been paid for not less than three  months,
  in  which  the  continuance  of  disability  cannot  be ascertained with
  reasonable certainty,  the  workers'  compensation  board  may,  in  the
  interest  of justice, approve a nonschedule adjustment agreed to between
  the claimant and the political subdivision liable  for  the  payment  of
  benefits  or its insurance carrier. The provisions of subdivision five-b
  of section fifteen of the workers' compensation law shall apply  in  any
  such case.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 13 - Reclassification of Disabilities.

§ 13. Reclassification  of disabilities. Subject to the limitations in
  section  fifty-one  of  this  chapter  and  in   section   one   hundred
  twenty-three of the workers' compensation law as made applicable to this
  chapter   by   section   fifty-seven   of  this  chapter,  the  workers'
  compensation board may at any time, without regard to the  date  of  the
  injury, upon its own motion, or on application of any party in interest,
  reclassify  a  disability  upon  proof  that  there has been a change in
  condition, or that the previous classification was erroneous and not  in
  the interest of justice.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 14 - Previous Disability.

§ 14. Previous  disability. The fact that a volunteer ambulance worker
  has suffered  previous  disability  or  received  benefits  therefor  as
  provided  in  the  workers'  compensation law, or this chapter shall not
  preclude him from  benefits  for  a  later  injury  nor  preclude  death
  benefits  for  death  resulting  therefrom;  provided,  however,  that a
  volunteer ambulance worker who is suffering from a  previous  disability
  shall  not receive benefits for a later injury in excess of the benefits
  allowed for such injury when considered by itself and not in conjunction
  with the previous disability. Notwithstanding the  foregoing  provisions
  of this section, if a volunteer ambulance worker has previously incurred
  permanent  partial  disability  through  the  loss or loss of use of one
  hand, one arm, one foot, one leg, or one eye, and suffers  the  loss  or
  loss  of  use  of  another  such major member or eye, he may be adjudged
  permanently totally disabled and receive benefits  for  permanent  total
  disability as provided in section eight of this article.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 15 - Expense for Rehabilitating Injured Volunteer Ambulance Workers.

§ 15. Expense  for rehabilitating injured volunteer ambulance workers.
  A volunteer ambulance worker, who as a result of injury  is  or  may  be
  expected  to  be  totally  or partially incapacitated for a remunerative
  occupation  and  who,  under  the  direction  of  the  state   education
  department is being rendered fit to engage in a remunerative occupation,
  may   receive  such  additional  financial  benefit  necessary  for  his
  rehabilitation as the workers' compensation board shall determine.   Not
  more  than  thirty  dollars  per week of such additional amount shall be
  expended for maintenance. Such expense and such  of  the  administrative
  expenses of the state education department as are properly assignable to
  the expenses of rehabilitating such volunteer ambulance workers shall be
  paid  out  of  the  vocational  rehabilitation  fund created pursuant to
  subdivision nine of section fifteen of the  workers'  compensation  law.
  Any  such volunteer ambulance worker for the purposes of such fund shall
  be considered an employee of  the  political  subdivision  or  volunteer
  ambulance  company  liable for the payment of benefits to such volunteer
  ambulance worker under this chapter and such "employer" or its insurance
  carrier, as the case may be, shall make the same financial  contribution
  to  such  fund as required by subdivision nine of section fifteen of the
  workers' compensation law in every case of injury  causing  death  of  a
  volunteer  ambulance  worker  in  which there are no persons entitled to
  financial benefits under this chapter other than  (1)  funeral  expenses
  and  (2)  the death benefit provided in subdivision two of section seven
  of this article.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 16 - Treatment and Care.

§ 16. Treatment and care. A volunteer ambulance worker injured in line
  of  duty  shall  be  entitled  to  receive medical, surgical, podiatric,
  chiropractic, psychological and other attendance  and  treatment,  nurse
  and  hospital  service, medicine, crutches, artificial members, devices,
  appliances, and apparatus, including the replacement and repair thereof,
  for such period as the nature of the injury or the process  of  recovery
  may require and the political subdivision or volunteer ambulance company
  liable  for  the  payment  of benefits to the volunteer ambulance worker
  under this chapter because of such injury shall be liable  therefor  and
  the  cost  thereof  shall  be  audited,  raised  and paid as provided in
  section thirty of this chapter. The provisions of sections  thirteen  to
  thirteen-m,  both  inclusive,  and sections nineteen to nineteen-b, both
  inclusive, of the workers' compensation law, to  the  extent  that  such
  provisions  are  not inconsistent with this chapter, shall be applicable
  in  relation  to  any  injured  volunteer  ambulance  worker,  political
  subdivision and third persons as fully as if set forth in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 17 - Noncitizens.

§ 17. Noncitizens.  Financial  benefits  payable under this chapter to
  noncitizens not residents or about to become nonresidents of the  United
  States  or Canada shall be in the same amount as provided for residents,
  except that dependents in  any  foreign  country  shall  be  limited  to
  surviving  spouse  and  child  or children, or, if there be no surviving
  spouse or child or children, to the surviving father or mother whom  the
  volunteer  ambulance worker has supported, either wholly or in part, for
  a period of one year prior to the date of the injury.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 18 - Disposition of Accrued Benefits Upon Death.

§ 18. Disposition  of accrued benefits upon death. Except as otherwise
  provided in section ten of this article, in the case of the death of  an
  injured  volunteer ambulance worker to whom there was due at the time of
  his death any benefits under the provisions of this chapter, the  amount
  of  such  benefits shall be payable to the surviving spouse, if there be
  one, or, if none, to the surviving child or  children  of  the  deceased
  under  the age of eighteen years, and if there be no surviving spouse or
  children, then to the dependents of such deceased or to any of  them  as
  the workers' compensation board may direct, and if there be no surviving
  spouse,  children or dependents of such deceased, then to his estate. An
  award for disability may be made after the death of an injured volunteer
  ambulance worker.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 19 - Exclusiveness of Remedy.

§ 19. Exclusiveness  of  remedy. The benefits provided by this chapter
  shall be the exclusive remedy of a volunteer ambulance  worker,  or  his
  spouse,  parents, dependents, next of kin, executor or administrator, or
  anyone  otherwise  entitled  to  recover  damages,  at  common  law   or
  otherwise,  for  or  on  account  of  an injury to a volunteer ambulance
  worker in line of duty or death resulting from an injury to a  volunteer
  ambulance  worker  in  line  of  duty,  as  against  (1)  the  political
  subdivision or volunteer ambulance company liable  for  the  payment  of
  such  benefits,  (2)  the  political subdivision regularly served by the
  ambulance company of which the volunteer ambulance worker is  a  member,
  whether  or  not  pursuant  to  a  contract for ambulance services, even
  though any such political subdivision is not liable for the  payment  of
  such benefits in the circumstances, and (3) any person or company acting
  under  governmental  or statutory authority in furtherance of the duties
  or activities in relation to which any such injury  resulted;  provided,
  however,  that  the  benefits  provided by this chapter shall not be the
  exclusive remedy as against persons who, in the furtherance of the  same
  duties or activities, are not similarly barred from recourse against the
  volunteer ambulance worker, or his executor or administrator.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 20 - Other Remedies of Volunteer Ambulance Workers; Subrogation.

§ 20. Other remedies of volunteer ambulance workers; subrogation.  The
  provisions  of  section  twenty-nine of the workers' compensation law to
  the extent that such provisions are not inconsistent with the provisions
  of this chapter, shall be applicable as fully as if set  forth  in  this
  chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 22 - Revenues and Benefits From Sources Other Than This Chapter.

§ 22. Revenues  and  benefits from sources other than this chapter. 1.
  Benefits, savings or insurance of  the  injured  or  deceased  volunteer
  ambulance  worker, or insurance carried for his benefit under subsection
  (a) of section four thousand two hundred thirty-seven of  the  insurance
  law,  shall not be considered in determining the benefits to be paid and
  provided under this chapter, nor shall such benefits  be  diminished  or
  reduced  by  reason  of  the  payment  to an injured volunteer ambulance
  worker  of  salary,  wages  or  other  remuneration  by  any   political
  subdivision liable for the payment of such benefits.
2.  Benefits  received  from  any  political  subdivision  pursuant to
  service award payments authorized by article eleven-AA  of  the  general
  municipal  law shall not be considered in determining the benefits to be
  paid and provided under this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 23 - Assignments, Exemptions.

§ 23. Assignments,  exemptions.  Benefits  payable  under this article
  shall not be assigned, released or commuted, except as provided by  this
  chapter, and shall be exempt from all claims of creditors and from levy,
  execution and attachment or other remedy for recovery or collection of a
  debt,  which  exemption  may  not be waived. Such benefits shall be paid
  only to volunteer  ambulance  workers  or  their  dependents  except  as
  otherwise provided in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 24 - Waiver Agreements.

§ 24. Waiver  agreements.  No  agreement  or  release  by  a volunteer
  ambulance worker, or, in the case of death, the dependents of a deceased
  volunteer ambulance worker, to waive his or her right to benefits  under
  this chapter shall be valid, except as provided in section thirty-two of
  the workers' compensation law or otherwise in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 40 - Notice of Injury or Death.

§ 40. Notice  of  injury  or  death.  Notice of an injury or death for
  which benefits are to be paid or provided under this  chapter  shall  be
  given  to  the  political subdivision or the volunteer ambulance company
  liable for the payment thereof within ninety days after such  injury  or
  death  except  that  such  notice  need not be given if a claim is filed
  pursuant to section forty-one of this article within ninety  days  after
  such  injury  or  death.  Either  such notice may be given by any person
  claiming to be entitled to such benefits or by someone  in  his  behalf.
  The  notice  shall  be in writing, shall contain the name and address of
  the volunteer ambulance worker, and state in ordinary language the time,
  place, nature and cause of the injury and shall be signed by him or by a
  person on his behalf or, in case of death, by any one  or  more  of  his
  dependents, or by a person on their behalf. The notice shall be given to
  the  clerk of the board of supervisors of the county, the comptroller or
  chief financial officer of the city, the town clerk  of  the  town,  the
  clerk  of  the  village,  the secretary of the ambulance district or the
  volunteer ambulance company, as the case may be,  by  delivering  it  to
  such officer or by registered letter properly addressed to such officer.
  The  failure  to give notice of injury or notice of death shall be a bar
  to any claim under this chapter unless such failure is  excused  by  the
  workers'  compensation  board  on any of the following grounds, (1) that
  for some sufficient reason the notice could not  have  been  given,  (2)
  that  a  member of a body in charge of, or any officer of, the ambulance
  district or ambulance  company  had  knowledge  within  such  ninety-day
  period  of the injuries or death, (3) that the political subdivision, or
  its insurance carrier had not been prejudiced by a delay in giving  such
  notice,  or  (4) that the cause of disablement or death was not known to
  be the result of service performed  in  line  of  duty  as  a  volunteer
  ambulance  worker  in  sufficient  time to comply with the provisions of
  this section.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 41 - Claim for Benefits.

§ 41. Claim  for  benefits.  The  right  to  claim benefits under this
  chapter shall be barred, except as hereinafter provided,  unless  within
  two  years  after the injury, or, if death results therefrom, within two
  years after such death, a claim for  the  benefits  under  this  chapter
  shall  be filed with the chairman of the workers' compensation board and
  a copy of such claim shall be filed with the  same  officer  to  whom  a
  notice  of injury must be given under section forty of this article. The
  right of a  volunteer  ambulance  worker  or  his  dependents  to  claim
  benefits  under  this  chapter for disablement or death, as the case may
  be, caused by disease  shall  not  be  barred  by  the  failure  of  the
  volunteer  ambulance  worker  or  his  dependents to file a claim within
  either such period of two years, provided  such  claim  shall  be  filed
  after  either  such  period  of  two  years and within ninety days after
  disablement or ninety days after knowledge that the disease  is  or  was
  due  to  service as a volunteer ambulance worker, whichever is the later
  date. The claim shall be in substantially the same form and  shall  give
  substantially the same information as is required to be given in a claim
  under   the   provisions   of   section  twenty-eight  of  the  workers'
  compensation law. Notwithstanding the provisions of any other  law,  any
  such  claim  need  not be sworn to, verified or acknowledged. No case in
  which an advance payment is made to a volunteer ambulance worker  or  to
  his  dependents  in  case of death shall be barred by the failure of the
  volunteer ambulance worker or his dependents to file a  claim,  and  the
  workers'  compensation board may at any time order a hearing on any such
  case in the same manner as though a claim for benefits had been filed.
The date of injury caused by disease shall be the date of  contracture
  of  such disease as determined by the workers' compensation board on the
  hearing of the claim and the responsibility of the political subdivision
  liable for the payment of benefits and its insurance  carrier  shall  be
  fixed by the date of injury as so determined.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 42 - Reports of Injuries, Claims and Proceedings.

§ 42. Reports of injuries, claims and proceedings. If an injury is one
  for  which  an  insurance  carrier  might  be liable under a contract of
  insurance or a county plan of self-insurance might be required  to  pay,
  the  officer  to  whom a notice of injury is required to be delivered or
  mailed and with whom the claim in relation to such injury is required to
  be filed under the provisions of this chapter shall send a copy of  such
  notice and claim and a copy of any notice of a proceeding relating to an
  injury   or   claim   to  such  insurance  carrier  or  county  plan  of
  self-insurance, as the case may be, promptly after receiving  the  same.
  The  political subdivision or volunteer ambulance company liable for the
  payment of benefits under this chapter shall keep such records and  make
  such  reports  to  the  chairman  of  the workers' compensation board as
  required by section one hundred ten of the  workers'  compensation  law,
  which  by section fifty-seven of this article is made applicable to this
  chapter. Failure to comply with the provisions of this section shall not
  relieve such an insurance carrier of  liability  or  a  county  plan  of
  self-insurance from its obligation to pay.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 43 - Determination of Claims for Benefits.

§ 43. Determination  of claims for benefits. The provisions of section
  twenty of the workers' compensation law shall be applicable as fully  as
  if  set  forth  in this chapter, except that the waiting period of seven
  days for the presentation of claims for benefits shall not apply to  the
  presentation of claims for benefits under this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 44 - Presumptions.

§ 44. Presumptions.  If a claim for benefits is filed within two years
  after the injury, or, if death results therefrom, is  filed  within  two
  years  after  such  death,  as  provided  in  section  forty-one of this
  article, then in any proceeding for the enforcement of  such  claim,  it
  shall  be  presumed  in  the  absence  of  substantial  evidence  to the
  contrary:
1. That the claim comes within the provisions of this chapter.
2. That sufficient notice thereof was given.
3. That the injury was not occasioned by the wilful intention  of  the
  injured volunteer ambulance worker to bring about the injury or death of
  himself or another.
4.  That the injury did not result solely from the intoxication of the
  injured volunteer ambulance worker while acting in line of duty.
5. That the contents of medical and  surgical  reports  introduced  in
  evidence by claimants for benefits shall constitute prima facie evidence
  of fact as to the matter contained therein.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 46 - Appeals.

§ 46. Appeals.  The provisions of section twenty-three of the workers'
  compensation law shall be applicable as fully as if set  forth  in  this
  chapter  except  that  reimbursement following modification or recession
  upon appeal shall be paid from administration expenses  as  provided  by
  section sixty of this article.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 48 - Representation Before the Workers' Compensation Board.

§ 48. Representation  before  the  workers'  compensation  board.  The
  provisions of section twenty-four-a of  the  workers'  compensation  law
  which  are not inconsistent with the provisions of this chapter shall be
  applicable as fully as if set forth in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 49 - Benefits; How Payable.

§ 49. Benefits;   how   payable.   Except  as  otherwise  provided  in
  subdivisions one and two of section  seven  of  this  chapter,  benefits
  under  this  chapter  shall  be  paid  in the manner provided in section
  twenty-five of the workers' compensation law.  The  provisions  of  such
  section  twenty-five,  other  than those relating to welfare, pension or
  benefit plans, agreements and trusts, shall be applicable as fully as if
  set forth in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 50 - Payments Pending Controversies.

§ 50. Payments pending controversies. In order that the benefits to be
  paid  and  provided under this chapter shall be paid promptly where such
  benefits are conceded to be due to any person because of the death of or
  injuries to a volunteer ambulance worker, but controversy exists  as  to
  which political subdivision or volunteer ambulance company is liable for
  the  payment  thereof,  the  municipal corporations, volunteer ambulance
  companies and ambulance districts involved in such controversy and their
  insurance carriers, if any, may agree that  any  one  or  more  of  such
  municipal   corporations,   volunteer  ambulance  company  or  ambulance
  districts or its insurance carrier shall pay or provide the benefits to,
  or in relation to, the person conceded to be entitled to  such  benefits
  without  waiting  for  a final determination of the controversy, and may
  carry out the provisions of such an agreement. Notwithstanding any  such
  payment,  any  party  to the agreement may seek a final determination of
  the controversy in the same manner as if such benefits had not been paid
  or provided and any such payment or  provision  of  benefits  shall  not
  prejudice  any  rights of the political subdivision, volunteer ambulance
  company or its insurance carrier paying or providing the  same,  nor  be
  taken as an admission against interest.  After a final determination the
  parties   to   the   agreement  shall  make  any  necessary  and  proper
  reimbursement to conform to the determination.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 51 - Fund for Reopened Cases.

§ 51. Fund   for   reopened   cases.  1.  The  provisions  of  section
  twenty-five-a of the workers' compensation law shall  be  applicable  as
  fully  as  if  set  forth  in this chapter, except that, other than with
  respect to the annual assessment under  such  section,  payments  to  an
  executor  or administrator of the estate of a volunteer ambulance worker
  pursuant to subdivision two of section seven of this chapter  shall  not
  constitute payment of benefits for the purpose of determining the amount
  of  the  payment  to  the  fund  for  reopened  cases.  Benefits paid to
  volunteer ambulance workers and other persons entitled to benefits under
  this chapter from the fund for reopened cases  shall  be  in  accordance
  with the provisions of this chapter.
2. The insurance carrier or entity responsible for payment of benefits
  paying  such  benefit  increase  shall  claim  for such benefit increase
  reimbursement from the special fund for reopened  cases  commencing  one
  year  from  the  date  of the first such payment and annually thereafter
  while such payments continue, on a form prescribed by the chair.
3. The insurance carrier or entity responsible for paying the  benefit
  increase provided in chapter two hundred thirty-three of the laws of two
  thousand  four  and  the benefit increase provided in the chapter of the
  laws of two thousand five that added this subdivision  shall  claim  for
  such  benefit  increase reimbursement from the special fund for reopened
  cases commencing one year from the date of the first  such  payment  and
  annually  thereafter  while such payments continue, on a form prescribed
  by the chair.
4. All carriers shall pay benefits in conformance with rates set forth
  in section eight of this chapter without awaiting  modification  by  the
  board of any prior inconsistent award.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 52 - Awards to Nonresidents; Nonresident Compensation Fund.

§ 52. Awards  to  nonresidents;  nonresident  compensation  fund.  The
  provisions of section twenty-five-b of  the  workers'  compensation  law
  shall be applicable as fully as if set forth in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 53 - Enforcement of Payment.

§ 53. Enforcement  of payment. 1. The provisions of section twenty-six
  of the workers' compensation law, other than the  portions  relating  to
  section  fourteen-a,  subdivision  eight  of section fifteen and section
  fifty of the workers' compensation law, shall be applicable as fully  as
  if set forth in this chapter.
2. The provisions of section fifty-four-b of the workers' compensation
  law shall be applicable as fully as if set forth in this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 54 - Aggregate Trust Fund.

§ 54. Aggregate  trust fund. The provisions of section twenty-seven of
  the workers' compensation  law  which  are  not  inconsistent  with  the
  provisions of this section, shall be applicable as fully as if set forth
  in this chapter with respect to claims for benefits under this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 55 - Penalty for False Representation.

§ 55. Penalty  for  false  representation.  If,  for  the  purpose  of
  obtaining any benefit or payment under the provisions of  this  chapter,
  or  for  the  purpose  of  influencing  any  determination regarding any
  benefit or payment under the provisions  of  this  chapter,  either  for
  himself  or  for  any  other  person,  any person wilfully makes a false
  statement or representation, he shall be guilty of a misdemeanor.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 56 - Non-Duplication of Benefits.

§ 56. Non-duplication of benefits. If benefits are required to be paid
  under  this  chapter  in  the event of injury to or death of a volunteer
  ambulance worker,  the  volunteer  ambulance  worker  or  other  persons
  entitled  to such benefits shall not receive workers' compensation under
  the provisions of the workers' compensation  law  in  relation  to  such
  injury or death.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 57 - Miscellaneous Provisions.

§ 57. Miscellaneous provisions. The provisions of article seven of the
  workers' compensation law which are not inconsistent with the provisions
  of  this  chapter  shall be applicable as if fully set forth herein. The
  reference  to  sections  twenty-five-a  and  fifty   of   the   workers'
  compensation  law  in  section  one hundred twenty-three of the workers'
  compensation law shall be deemed to  refer  to  sections  fifty-one  and
  thirty of this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 58 - Application of Provisions of Workers' Compensation Law.

§ 58. Application  of provisions of workers' compensation law. All the
  powers and duties conferred or imposed upon the chairman of the workers'
  compensation board and the workers' compensation board by  the  workers'
  compensation  law  which  are  necessary  for the administration of this
  chapter and not inconsistent with this chapter are, to that extent, made
  applicable to this chapter, even though such provisions of the  workers'
  compensation  law  are  not expressly made applicable to this chapter by
  the provisions of this chapter or the workers' compensation law.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 59 - Liberal Construction.

§ 59. Liberal construction. The provisions of this article relating to
  giving  notice of injury and filing of claim, and to the contents of any
  such  notice  or  claim,  shall  be  construed  liberally  in  order  to
  effectuate the objects and purposes of this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 60 - Assessment for Expenses.

§  60.  Assessment  for  expenses.  1.  The  estimated annual expenses
  necessary  for  the  workers'  compensation  board  to  administer   the
  provisions  of  the  volunteer  ambulance  workers' benefit law shall be
  borne by all affected employers and included as part of  the  assessment
  rate  generated  pursuant  to  subdivision  two  of  section one hundred
  fifty-one of the workers' compensation law.
2. Annually, the chair of the department of audit and control, as soon
  as practicable after the first  of  April,  shall  ascertain  the  total
  amount of actual expenses.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 4 - Procedure › 61 - Death or Disability Due to Disease or Malfunction of Heart or Coronary Arteries; Claims and Procedures.

§ 61. Death  or  disability  due to disease or malfunction of heart or
  coronary arteries; claims and procedures. 1. A claim  for  benefits  for
  the  death  or disability of a volunteer ambulance worker due to disease
  or malfunction of the heart or of one or more coronary arteries filed in
  accordance with section forty-one of this article, shall not  be  denied
  provided  the  claimant  introduces  evidence  which  establishes that a
  volunteer ambulance worker suffered disease or malfunction of the  heart
  or  of  one  or  more  coronary arteries which caused the disablement or
  death of the volunteer  ambulance  worker,  and  that  such  disease  or
  malfunction  resulted  from  the  duties  and  activities  in  which the
  volunteer ambulance worker was engaged as set forth in section  five  of
  this chapter for which benefits shall be paid, unless it can be shown by
  substantial  evidence  to the contrary that the duties and activities of
  the volunteer ambulance worker in which the volunteer  ambulance  worker
  was  engaged at the time of such disease or malfunction did not cause or
  precipitate such disease or malfunction; and further provided  that  the
  injury  did  not  result  solely  from the intoxication of the volunteer
  ambulance worker while acting in line of duty or was not  occasioned  by
  the  wilful  intention  of the volunteer ambulance worker to bring about
  the injury or death of himself or another.
2. The chairman of the workers' compensation  board  shall  promulgate
  rules  and  regulations providing a priority for controverted claims for
  benefits filed as provided in subdivision  one  of  this  section.  Such
  rules  and regulations shall also prescribe a form to be used for making
  claims for such benefits.  Such  form  shall  specifically  request  the
  information necessary in order to receive an award of benefits.
3.  This  section  shall not be construed to repeal by implication any
  existing provision of law.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 5 - Saving Clauses › 90 - References to Workers' Compensation Law.

§ 90. References to workers' compensation law. Where the provisions of
  any  section or part of any section of the workers' compensation law are
  made  applicable  to  this  chapter  and  are  incorporated  herein   by
  reference,  the  following terms used in such provisions of the workers'
  compensation  law  shall  have  the  following  meanings  when  read  in
  connection with this chapter:
1. "Accident" means "injury" as defined in this chapter.
2.  "Dependent  husband"  means  the  "surviving  spouse"  of a female
  volunteer ambulance worker, as defined in this chapter.
3. "Employee" means a volunteer ambulance worker who has been or might
  be injured in line of duty or who dies or might die from the effects  of
  such an injury.
4.  "Employment" means service of a volunteer ambulance worker in line
  of duty.
5. "Employer" means the political subdivision or  volunteer  ambulance
  company  liable  for  payment  of  financial  benefits  pursuant to this
  chapter.
6. "Injury" means "injury" as defined in this chapter.
7. "Injured worker" means injured volunteer ambulance worker.
8. "Insurance carrier" means "insurance carrier" as  defined  in  this
  chapter.
9.  "Same  employ"  means  the  same ambulance department or ambulance
  company, or in the same service for a political subdivision, or district
  or area thereof, pursuant to a call for assistance.
10. "Workers' compensation" means the benefits payable to a  volunteer
  ambulance  worker  or his dependents pursuant to this chapter, including
  medical treatment and care, except when a different meaning obviously is
  intended.
Where any such section is so made applicable and is  so  incorporated,
  and  there is a reference therein to another section or provision of the
  workers' compensation law which also has been made  applicable  to  this
  chapter,  such  reference  shall  be  deemed  to  include the applicable
  section or provision of this chapter if  such  inclusion  is  consistent
  with the provisions of this chapter.
2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 5 - Saving Clauses › 91 - Effect of Unconstitutionality in Part.

§ 91. Effect  of unconstitutionality in part. If any clause, sentence,
  paragraph, subdivision,  section  or  part  of  this  chapter  shall  be
  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
  judgment shall not affect, impair or invalidate the  remainder  thereof,
  but  shall  be  confined  in  its  operation  to  the  clause, sentence,
  paragraph, subdivision, section or part thereof directly involved in the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 1 - Short Title; Purpose; Definitions; Miscellaneous › 1 - Short Title.

§ 1. Short  title.  a. This chapter shall be known and may be cited as
  "volunteer firefighters' benefit law".
b. Reference in this chapter or in any  other  law  to  the  volunteer
  firemen's benefit law shall be deemed to mean and refer to the volunteer
  firefighters'  benefit  law. The terms "volunteer fireman" or "volunteer
  firemen" appearing in this chapter shall be deemed  to  mean  "volunteer
  firefighter"  or "volunteer firefighters," respectively. The terms "he,"
  "his," or "him," appearing in this chapter shall be deemed to  mean  "he
  or she," "his or her," and "him or her."
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 1 - Short Title; Purpose; Definitions; Miscellaneous › 2 - Purpose.

§  2. Purpose. One of the finest traditions of American community life
  is the service which  people  render  to  others  without  remuneration.
  Volunteer firefighters have long been in the forefront of this group. In
  recognition of the unselfish service by these volunteers, government has
  undertaken  to  provide  for  them  and  their  families some measure of
  protection against loss from death or injuries in line of duty. Over the
  years there has developed a  dual  system  of  benefits  when  volunteer
  firefighters   are  killed  or  injured.  The  dual  system  has  caused
  uncertainty and confusion. This law establishes a new single  system  of
  benefits  for volunteer firefighters and provides for the administration
  of such system by the workers' compensation board and  the  chairman  of
  such board.
It  is hereby declared that this chapter is intended to effectuate the
  objects and purposes of section eighteen of article  one  of  the  state
  constitution and that the relationship between the political subdivision
  liable  for  benefits  under  this  chapter  and a volunteer firefighter
  entitled to such benefits is that of employer and  employee  within  the
  meaning of such provision of the state constitution.