S T A T E O F N E W Y O R K
________________________________________________________________________
1150
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CAHILL, GABRYSZAK -- read once and referred to
the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law, in relation to
providing for temporary payments of benefit pending final determi-
nation of claim
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 40 of the volunteer firefighters' benefit law, as
amended by chapter 544 of the laws of 1957, is amended to read as
follows:
S 40. [Notice] CLAIM ASSISTANCE UNIT; NOTICE of injury or death. THE
WORKERS' COMPENSATION BOARD SHALL ESTABLISH A VOLUNTEER FIREFIGHTERS'
BENEFIT CLAIM ASSISTANCE UNIT. SUCH UNIT SHALL BE RESPONSIBLE TO INITI-
ATE CONTACT WITH ANY VOLUNTEER FIREFIGHTER WHO SUSTAINS A LIFE THREATEN-
ING INJURY, OR IN THE CASE OF DEATH, THE SURVIVING DEPENDENTS OF SUCH
VOLUNTEER FIREFIGHTER AND SHALL PROVIDE ANY AND ALL ASSISTANCE REQUIRED
TO FILE CLAIMS AND EXPEDITE PAYMENT OF ANY AND ALL BENEFITS ALLOWABLE
UNDER THIS CHAPTER.
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] 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
OR HER behalf, OR BY A CLAIM ASSISTANT. The notice shall be in writing,
shall contain the name and address of the volunteer [fireman] FIREFIGHT-
ER, 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 depen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03684-01-3
A. 1150 2
dents, [or] by a person on their behalf, OR BY A CLAIM ASSISTANT. 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
[workmen's] 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 [fire-
man] FIREFIGHTER in sufficient time to comply with the provisions of
this section.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.