S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    267
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. CAHILL, DiPIETRO -- 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:
   § 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.
                                                            LBD03112-01-9

 A. 267                              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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.