2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 207-A - Payment of Salary, Medical and Hospital Expenses of Firefighters With Injuries or Illness Incurred in Performance of Duties.

§   207-a.  Payment  of  salary,  medical  and  hospital  expenses  of
  firefighters with injuries or illness incurred in performance of duties.
  1. Any paid firefighter which term as used in this  section  shall  mean
  any  paid  officer  or  member  of  an  organized  fire  company or fire
  department of a city of less  than  one  million  population,  or  town,
  village or fire district, or any paid firefighter of a county airport or
  county  aviation  department which performs fire response or fire rescue
  duties, who is injured in the performance of his or her duties or who is
  taken sick as a result of the performance of his or her duties so as  to
  necessitate medical or other lawful remedial treatment, shall be paid by
  the  municipality  or  fire  district by which he or she is employed the
  full amount of his or her regular salary  or  wages  until  his  or  her
  disability   arising  therefrom  has  ceased,  and,  in  addition,  such
  municipality or fire district shall be liable for all medical  treatment
  and  hospital  care furnished during such disability. Provided, however,
  and notwithstanding  the  foregoing  provisions  of  this  section,  the
  municipal  health authorities or any physician appointed for the purpose
  by the municipality or fire district, may attend  any  such  injured  or
  sick  firefighter,  from  time  to  time,  for  the purpose of providing
  medical, surgical or other treatment, or for making inspections and  the
  municipality  or  fire  district shall not be liable for salary or wages
  payable to such a firefighter, or for the cost of  medical  or  hospital
  care  or  treatment furnished, after such date as the health authorities
  or such physician shall certify that such injured  or  sick  firefighter
  has  recovered  and  is  physically  able  to perform his or her regular
  duties in the company or department. Any injured or sick firefighter who
  shall refuse to accept such medical treatment or hospital care or  shall
  refuse  to  permit  medical  inspections as herein authorized, including
  examinations resulting from the application of subdivision  two  hereof,
  shall  be  deemed to have waived his or her rights under this section in
  respect to expenses incurred for medical treatment or hospital  care  or
  salary or wages payable after such refusal.
Notwithstanding  any  provision  of law to the contrary, a provider of
  medical treatment or hospital care furnished pursuant to the  provisions
  of  this  section  shall not collect or attempt to collect reimbursement
  for such treatment or care from any such member of the  fire  department
  of any such city.
2.  Payment of the full amount of regular salary or wages, as provided
  by subdivision one of this section, shall be discontinued  with  respect
  to  any firefighter who is permanently disabled as a result of an injury
  or sickness incurred or resulting from the performance  of  his  or  her
  duties   if   such  firefighter  is  granted  an  accidental  disability
  retirement allowance pursuant to section three  hundred  sixty-three  of
  the  retirement  and  social  security  law, a retirement for disability
  incurred in performance of duty  allowance  pursuant  to  section  three
  hundred  sixty-three-c  of  the  retirement  and  social security law or
  similar accidental disability pension provided by the  pension  fund  of
  which  he  or  she is a member; provided, however, that in any such case
  such firefighter shall continue to receive from the municipality or fire
  district by which he or she is employed, until such time as  he  or  she
  shall  have  attained the mandatory service retirement age applicable to
  him or her or shall have attained the age or  performed  the  period  of
  service  specified  by  applicable law for the termination of his or her
  service,  the  difference  between  the  amounts  received  under   such
  allowance  or  pension  and  the  amount of his or her regular salary or
  wages. Any payment made by a  municipal  corporation  or  fire  district
  pursuant  to  the provisions of this subdivision shall be deemed to have
  been made for a valid and lawful public purpose. If application for such

  retirement allowance  or  pension  is  not  made  by  such  firefighter,
  application therefor may be made by the head of the fire company or fire
  department or as otherwise provided by the fire district or by the chief
  executive officer or local legislative body of the municipality by which
  such  firefighter  is  employed.  If  such  application  for  accidental
  disability retirement allowance or retirement for disability incurred in
  performance of duty allowance is denied, the fire district or  municipal
  corporation  by  which  such  firefighter  is  employed  may appeal such
  determination.
3. If such a firefighter is not eligible for or is  not  granted  such
  accidental  disability retirement allowance or retirement for disability
  incurred  in  performance  of  duty  allowance  or  similar   accidental
  disability  pension  and  is nevertheless, in the opinion of such health
  authorities or physician, unable to perform his or her regular duties as
  a result of such injury or sickness but is able, in  their  opinion,  to
  perform  specified  types  of  light duty, payment of the full amount of
  regular salary or wages, as provided by subdivision one of this section,
  shall be discontinued with respect to such  firefighter  if  he  or  she
  shall  refuse  to  perform  such light duty if the same is available and
  offered to him or her, provided, however, that such light duty shall  be
  consistent  with his or her status as a firefighter and shall enable him
  or her to continue to be entitled to his or her regular salary or wages,
  including increases thereof and fringe benefits,  to  which  he  or  she
  would  have  been  entitled if he or she were able to perform his or her
  regular duties.
4. If such a firefighter is not eligible for  or  is  not  granted  an
  accidental  disability retirement allowance or retirement for disability
  incurred  in  performance  of  duty  allowance  or  similar   accidental
  disability  pension,  he or she shall not be entitled to further payment
  of  the  full  amount  of  regular  salary  or  wages,  as  provided  by
  subdivision one of this section, after he or she shall have attained the
  mandatory  service retirement age applicable to him or her or shall have
  attained the age  or  performed  the  period  of  service  specified  by
  applicable  law  for the termination of his or her service. Where such a
  firefighter retires or is retired under any procedure applicable to  him
  or  her,  including  but  not  limited  to  circumstances  described  in
  subdivision two of this section or in this subdivision, he or she  shall
  thereafter, in addition to any portion of regular wages or salary and/or
  any retirement allowance or pension to which he or she is then entitled,
  continue   to  be  entitled  to  medical  treatment  and  hospital  care
  necessitated by reason of such injury or illness.
4-a. Any benefit payable pursuant to subdivision two of  this  section
  to  a  person  who  is  granted  retirement  for  disability incurred in
  performance of duty pursuant to section three hundred  sixty-three-c  of
  the retirement and social security law shall be reduced by the amount of
  the  benefits  that  are  finally  determined payable under the workers'
  compensation law by reason of accidental disability.
5. The appropriate municipal or fire district officials  may  transfer
  such  a  firefighter  to  a  position  in  the same or another agency or
  department where they are able to do so  pursuant  to  applicable  civil
  service requirements and provided the firefighter shall consent thereto.
6.  Any  firefighter  receiving  payments or benefits pursuant to this
  section, who engages  in  any  employment  other  than  as  provided  in
  subdivision  three  or five of this section shall on the commencement of
  such employment, forfeit his or her  entitlement  to  any  payments  and
  benefits  hereunder, and any such payment or benefit unlawfully received
  by such firefighter shall be refunded to and may  be  recovered  by  the
  municipal  corporation  or fire district employing such firefighter in a

  civil action. For the purposes of this  section,  employment  shall  not
  include income derived from passive involvement with: gains derived from
  dealings  in  property,  interest  income,  rents  from  real  property,
  royalties,   dividends,   alimony  and  separate  maintenance  payments,
  annuities, income from life insurance  and  endowment  contracts,  other
  pensions,  income  from  the  discharge  of  indebtedness, income in the
  respect of a decedent, and income from  an  interest  in  an  estate  or
  trust.
7.  Notwithstanding  any  provision  of law contrary thereto contained
  herein or elsewhere, a cause of action shall accrue to the  municipality
  or  fire  district  aforesaid  for  reimbursement  in  such  sum or sums
  actually paid as a salary  or  wages  and/or  for  medical  or  hospital
  treatment, as against any third party against whom the firefighter shall
  have a cause of action for the injuries sustained.