reglab/statecodes huggingface dataset:
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 1 - Short Title; Purpose; Definitions; Miscellaneous › 4 - Removal of Civil Liability Barriers.

§ 4. Removal of civil liability barriers. 1. (a) Liability protection.
(1) A fire company or political subdivision, including a person acting
as  an  agent  thereof,  that acts reasonably in donating qualified fire
control or fire rescue equipment to a volunteer fire company  shall  not
be  liable  in  civil damages under any state law for personal injuries,
property damage, or death proximately caused after  the  donation  by  a
defect in the equipment.
(2)  Any  state or local agency, including a person acting as an agent
of  such  an  agency,  that  acts  reasonably   in   administering   the
distribution  of  qualified  fire  control or fire rescue equipment to a
volunteer fire company or political subdivision shall not be liable  for
civil  damages  under  any  state  law  for  personal injuries, property
damage, or death proximately caused after the distribution by  a  defect
in the equipment.
(b)   Exceptions  to  liability  protection.  Paragraph  (a)  of  this
subdivision shall not apply to a person or agency if:
(1) the defect that proximately causes the  injury,  damage,  or  loss
resulted  from  an  act  or  omission  of  the  person  or  agency, that
constitutes  malice,  gross  negligence,  recklessness,  or  intentional
misconduct;
(2)  the  person  or  agency is the manufacturer of the qualified fire
control or fire rescue equipment; or
(3) the person or agency modified or altered the  equipment  after  it
had  been  recertified  by  an  authorized  technician  as  meeting  the
manufacturer's specifications.
2. For the purposes of this section the following  words  and  phrases
shall have the following meanings:
(a)  "Person"  means  any  individual  and  any  governmental or other
entity.
(b) "Qualified fire control or rescue equipment" means fire control or
fire rescue  equipment  that  has  been  recertified  by  an  authorized
technician  as  meeting  the  manufacturer's specifications and has been
distributed through a state  or  local  agency  to  the  volunteer  fire
company.
(c) "Authorized technician" means a technician that has been certified
by  the manufacturer of fire control or fire rescue equipment to inspect
such equipment. The technician need not be  employed  by  the  state  or
local  agency administering the distribution of the fire control or fire
rescue equipment.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 6 - Volunteer Firefighters' Benefits; General.

§ 6. Volunteer   firefighters'   benefits;  general.  If  a  volunteer
  firefighter dies from the effects of injury in line of duty, or if  such
  a  firefighter  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 firefighter while  acting  in  line  of
  duty  or  by  the wilful intention of the volunteer firefighter to bring
  about the injury or death of himself or herself or another.
2023 New York Laws › VOL - Volunteer Firefighters' 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  firefighter.  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 firefighter 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 › VOL - Volunteer Firefighters' 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 firefighter  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 firefighter 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  firefighter  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 or her 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 firefighter 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 › VOL - Volunteer Firefighters' 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  firefighter  damages
  or  loses  any  prosthetic devices required to be worn or used by him or
  her, whether or not he or she 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  chapter.  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 chapter. 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 firefighter,  but
  shall  not  include  shoes  or  any other article considered as ordinary
  wearing apparel, whether or not specially constructed.
2023 New York Laws › VOL - Volunteer Firefighters' 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 firefighter is exposed to or comes in  contact
  with any poisons, gases, x-rays, radium, radio-active materials or other
  potentially  harmful  substances  or matter, the chief engineer or other
  executive officer of the fire department or fire company of which he  or
  she  is  a member may authorize the volunteer firefighter to obtain such
  examinations, tests, treatment and care as are immediately necessary  to
  determine  whether  he  or she 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 firefighter 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 › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 11-C*2 - Volunteer Firefighters; Presumption in Certain Diseases.

* §  11-c.  Volunteer  firefighters;  presumption in certain diseases.
  Notwithstanding any provision of this chapter or of any general, special
  or local law to the contrary, and for the purposes of this chapter,  any
  condition  of  impairment  of  health  caused  by  diseases of the lung,
  resulting in total  or  partial  disability  or  death  to  a  volunteer
  firefighter,  where  such  volunteer  firefighter  successfully passed a
  physical examination on entry into such service or  subsequent  thereto,
  which  examination  failed  to  reveal  any evidence of such conditions,
  shall be presumptive evidence that such  disability  or  death  (a)  was
  caused by the natural and proximate result of an accident, not caused by
  such   firefighter's   own  negligence  and  (b)  was  incurred  in  the
  performance and discharge of duty, unless  the  contrary  be  proven  by
  competent evidence.
* NB Repealed June 30, 2025
* NB There are 2 § 11-c's
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 12 - Non-Schedule Adjustments.

§ 12. Non-schedule adjustments. Notwithstanding any other provision of
  this  chapter,  in any case coming within the provisions of sections ten
  and eleven of this chapter, 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  workmen's  compensation  board  may, in the
  interest of justice, approve a non-schedule 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 workmen's compensation law shall apply in  any
  such case.
2023 New York Laws › VOL - Volunteer Firefighters' 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  workmen's  compensation law as made applicable to
  this chapter by section  fifty-seven  of  this  chapter,  the  workmen's
  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 › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 14 - Previous Disability.

§ 14. Previous  disability.  The fact that a volunteer firefighter has
  suffered previous disability or received benefits therefor  as  provided
  in  section  two hundred five of the general municipal law, the workers'
  compensation law, or this chapter shall not preclude  him  or  her  from
  benefits  for  a  later  injury  nor  preclude  death benefits for death
  resulting therefrom; provided, however, that a volunteer firefighter 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  firefighter  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 or she may be adjudged permanently
  totally disabled and receive benefits for permanent total disability  as
  provided in section eight of this chapter.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 15 - Expense for Rehabilitating Injured Volunteer Firefighters.

§ 15. Expense  for  rehabilitating  injured  volunteer firefighters. A
  volunteer firefighter, 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 or her 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  firefighters  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
  firefighter for the  purposes  of  such  fund  shall  be  considered  an
  employee of the political subdivision liable for the payment of benefits
  to  such volunteer firefighter 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 such subdivision nine in  every
  case  of  injury causing death of a volunteer firefighter 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 chapter.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 16 - Treatment and Care.

§ 16. Treatment  and  care. A volunteer firefighter 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  liable  for  the  payment  of
  benefits to the volunteer firefighter 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  firefighter, political subdivision and third persons
  as fully as if set forth in this chapter.
2023 New York Laws › VOL - Volunteer Firefighters' 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  firefighter  has  supported,  either wholly or in part, for a
  period of one year prior to the date of the injury.
2023 New York Laws › VOL - Volunteer Firefighters' 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 chapter, in the case of the death of  an
  injured  volunteer  firefighter to whom there was due at the time of his
  or her 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
  or her estate. An award for disability may be made after the death of an
  injured volunteer firefighter.
2023 New York Laws › VOL - Volunteer Firefighters' 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 firefighter, or his or  her
  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 firefighter in
  line  of  duty  or  death  resulting  from  an  injury  to  a  volunteer
  firefighter  in  line  of duty, as against (1) the political subdivision
  liable for the payment of such benefits, (2) the  political  subdivision
  regularly  served by the fire company of which the volunteer firefighter
  is a member, whether or not pursuant to a contract for fire  protection,
  even though any such political subdivision is not liable for the payment
  of  such  benefits  in  the  circumstances, and (3) any person or agency
  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   firefighter,  or  his  or  her  executor  or
  administrator.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 20 - Other Remedies of Volunteer Firefighters; Subrogation.

§  20.  Other  remedies  of  volunteer  firefighters; 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 › VOL - Volunteer Firefighters' 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
  firefighter,  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 firefighter 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-A  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 › VOL - Volunteer Firefighters' 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 firefighters or their dependents except  as  otherwise
  provided in this chapter.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 2 - Coverage and Benefits › 24 - Waiver Agreements.

§ 24. Waiver  agreements.  No  agreement  or  release  by  a volunteer
  firefighter, or, in the case of death,  the  dependents  of  a  deceased
  volunteer  firefighter, 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 › VOL - Volunteer Firefighters' Benefit › Article 3 - Liability for Benefits; Insurance › 33 - Lien for Benefits.

§ 33. Lien  for  benefits. Benefits to be paid and provided under this
  chapter shall be a lien against the assets  of  the  stock  corporation,
  mutual  corporation or reciprocal insurer liable therefor, without limit
  of amount, subordinate, however, to claims for unpaid  wages  and  prior
  recorded liens.
2023 New York Laws › VOL - Volunteer Firefighters' 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 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
  chapter  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 or her behalf. The notice shall be in
  writing,  shall  contain  the  name  and  address   of   the   volunteer
  firefighter,  and state in ordinary language the time, place, nature and
  cause of the injury and shall be signed by him or her or by a person  on
  his or her behalf or, in case of death, by any one or more of his or her
  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 or the secretary of the fire district, 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  fire  department or fire 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 firefighter in sufficient time to comply with  the  provisions
  of this section.
2023 New York Laws › VOL - Volunteer Firefighters' 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 chairperson 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 chapter. The
  right of a volunteer firefighter or  his  or  her  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  firefighter  or  his or her 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 firefighter, 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 firefighter or to his or
  her dependents in case of death shall be barred by the  failure  of  the
  volunteer  firefighter or his or her 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 › VOL - Volunteer Firefighters' 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 liable for the payment of benefits under this
  chapter shall keep such records and make such reports to the chairman of
  the workmen's compensation board as required by section one hundred  ten
  of  the workmen's compensation law, which by section fifty-seven of this
  chapter 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 › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 43 - Determination of Claims for Benefits.

§ 43. Determination  of claims for benefits. The provisions of section
  twenty of the workmen's 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 › VOL - Volunteer Firefighters' 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
  chapter, 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  firefighter  to  bring  about the injury or death of
  himself or herself or another;
4. That the injury did not result solely from the intoxication of  the
  injured volunteer firefighter 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 › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 46 - Appeals.

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

§ 48. Representation  before  the  workmen's compensation board.   The
  provisions of section twenty-four-a of the  workmen's  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 › VOL - Volunteer Firefighters' 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 workmen's 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 › VOL - Volunteer Firefighters' 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 firefighter, but controversy exists as to  which
  political  subdivision  is liable for the payment thereof, the municipal
  corporations and fire districts involved in such controversy  and  their
  insurance  carriers,  if  any,  may  agree  that any one or more of such
  municipal corporations or fire 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 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 › VOL - Volunteer Firefighters' 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  twenty-five-a,
  payments  to  an  executor or administrator of the estate of a volunteer
  firefighter 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 firefighters 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 the chapter 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.  The insurance carrier or entity responsible for paying the benefit
  increase provided in the chapter of two thousand  six  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.
5. 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 › VOL - Volunteer Firefighters' 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  workmen's  compensation  law
  shall be applicable as fully as if set forth in this chapter.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 53 - Enforcement of Payment.

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

§ 54. Aggregate  trust fund. The provisions of section twenty-seven of
  the workmen's 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 › VOL - Volunteer Firefighters' 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 › VOL - Volunteer Firefighters' 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
  firefighter, the volunteer firefighter 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 › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 57 - Miscellaneous Provisions.

§ 57. Miscellaneous provisions. The provisions of article seven of the
  workmen's   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
  workmen's compensation law in section one hundred  twenty-three  of  the
  workmen's  compensation  law  shall  be  deemed  to  refer  to  sections
  fifty-one and thirty of this chapter.
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 58 - Application of Provisions of Workmen's Compensation Law.

§ 58. Application  of  provisions  of workmen's compensation law.  All
  the powers and duties conferred or imposed  upon  the  chairman  of  the
  workmen's compensation board and the workmen's compensation board by the
  workmen's 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
  workmen's compensation law are not expressly  made  applicable  to  this
  chapter  by the provisions of this chapter or the workmen's compensation
  law.
2023 New York Laws › VOL - Volunteer Firefighters' 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 › VOL - Volunteer Firefighters' 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 firefighters' 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 › VOL - Volunteer Firefighters' Benefit › Article 4 - Procedure › 61 - Death or Disability Due to Disease or Malfunction of Heart or Coronary Arteries or Due to Vascular Rupture; Claims and Procedures.

* § 61. Death  or disability due to disease or malfunction of heart or
  coronary arteries or due to vascular rupture; claims and procedures.  1.
  A  claim  for  benefits  for  the  death  or  disability  of a volunteer
  firefighter due to disease or malfunction of the heart or of one or more
  coronary arteries or a claim for benefits for the death or disability of
  a volunteer firefighter due to vascular rupture filed in accordance with
  section forty-one of this chapter, shall  not  be  denied  provided  the
  claimant   introduces   evidence  which  establishes  that  a  volunteer
  firefighter suffered disease or malfunction of the heart or  of  one  or
  more   coronary   arteries,   or  vascular  rupture,  which  caused  the
  disablement or death of the volunteer firefighter, and that such disease
  or malfunction, or  vascular  rupture,  resulted  from  the  duties  and
  activities  in  which the volunteer firefighter 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  firefighter  in which the volunteer
  firefighter was engaged at the time of such disease or  malfunction,  or
  vascular   rupture,  did  not  cause  or  precipitate  such  disease  or
  malfunction, or vascular rupture; and further provided that  the  injury
  did not result solely from the intoxication of the volunteer firefighter
  while  acting  in  line  of  duty  or  was  not occasioned by the wilful
  intention of the volunteer firefighter to  bring  about  the  injury  or
  death of himself or herself 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 provided,
  however, that the claim must be decided within ninety days measured from
  the date of  the  receipt  of  a  completed  claim  from  the  volunteer
  firefighter or his representative. 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.
* NB Repealed July 1, 2025
2023 New York Laws › VOL - Volunteer Firefighters' Benefit › Article 5 - Saving Clauses; Effective Date › 70 - References to Workers' Compensation Law.

§ 70. 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 firefighter,
  as defined in this chapter.
3. "Employee" means a volunteer firefighter 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 firefighter  in  line  of
  duty.
5.  "Employer"  means  the political subdivision liable for payment of
  financial benefits pursuant to this chapter.
6. "Injury" means "injury" as defined in this chapter.
7. "Injured workman" means injured volunteer firefighter.
8. "Insurance carrier" means "insurance carrier" as  defined  in  this
  chapter.
9. "Same employ" means the same fire department or fire 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
  firefighter or his or her 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 › VOL - Volunteer Firefighters' Benefit › Article 5 - Saving Clauses; Effective Date › 71 - Effect of Unconstitutionality in Part.

§ 71. 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 › WKC - Workers' Compensation › Article 1 - Short Title; Definitions; Application › 1 - Short Title.

§  1.  Short  title.  a.  This chapter shall be known as the "workers'
  compensation law."
b. Reference in this chapter or in any  other  law  to  the  workmen's
  compensation  law  shall  be  deemed  to  mean and refer to the workers'
  compensation law. The terms "workman" or  "workmen"  appearing  in  this
  chapter shall be deemed to mean "worker" or "workers", 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 › WKC - Workers' Compensation › Article 2 - Compensation › 9 - Definitions.

§  9.  Definitions.  For  the  purposes of this article, the following
  terms shall mean:
1. "World Trade Center rescue" shall mean any  activity  involving  an
  employee  of  a private voluntary hospital that worked rescue operations
  under contract with the city of New York under  direction  of  the  fire
  department of the city of New York, conducted between September eleventh
  and  September  fifteenth,  two  thousand  one  inclusive  at  or in the
  vicinity of the World Trade Center site of the September  eleventh,  two
  thousand  one  terrorist attack on the World Trade Center in the city of
  New York, commonly referred to as "Ground Zero".
2. "Vicinity of the World Trade Center site" shall mean anywhere below
  a line starting from the Hudson River and Canal Street;  east  on  Canal
  Street  to  Pike  Street;  south  on  Pike Street to the East River; and
  extending to the lower tip of Manhattan.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 12 - Compensation Not Allowed for First Seven Days.

§  12.  Compensation not allowed for first seven days. No compensation
  shall be allowed for the first seven  days  of  disability,  except  the
  benefits  provided  for  in  section thirteen of this chapter, provided,
  however, that in case the injury results  in  disability  of  more  than
  fourteen  days,  the  compensation shall be allowed from the date of the
  disability.