S T A T E O F N E W Y O R K
________________________________________________________________________
7427
2019-2020 Regular Sessions
I N A S S E M B L Y
May 3, 2019
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Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law and the volunteer fire-
fighters' benefit law, in relation to requiring the state to provide
reimbursement of certain costs and benefits incurred as a result of an
injury occurring during a mutual aid call
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 10 of the workers' compensation
law is renumbered subdivision 5 and a new subdivision 4 is added to read
as follows:
4. IF A PAID FIREFIGHTER OR PAID FIRE TRUCK DRIVER IN THE COURSE OF
RESPONDING TO A MUTUAL AID CALL SUFFERS AN INJURY CAUSALLY RELATED TO
SUCH MUTUAL AID CALL AND INCURS COSTS FOR MEDICAL TREATMENT, LOST TIME
FROM HIS OR HER POSITION, REDUCED EARNINGS OR ANY OTHER COST PAYABLE
UNDER THIS CHAPTER, THE STATE SHALL REIMBURSE THE MUNICIPALITY EMPLOYING
THE FIREFIGHTER OR FIRE TRUCK DRIVER FOR ALL SUCH COSTS. IN ADDITION,
SHOULD A MUNICIPALITY INCUR OVERTIME COSTS DUE TO A MUTUAL AID CALL,
WHETHER OR NOT AN INJURY OCCURS, THE STATE SHALL REIMBURSE THE MUNICI-
PALITY FOR SUCH OVERTIME COSTS. REIMBURSEMENT UNDER THIS SUBDIVISION
SHALL NOT EXCEED THE ACTUAL COST INCURRED. EACH MUNICIPALITY THAT SEEKS
REIMBURSEMENT PURSUANT TO THIS SUBDIVISION SHALL SUBMIT ITS CLAIMS FOR
REIMBURSEMENT ON FORMS APPROVED BY AND IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE COMMISSIONERS.
§ 2. Section 30 of the volunteer firefighters' benefit law is amended
by adding a new subdivision 13 to read as follows:
13. IF A VOLUNTEER FIREFIGHTER IN THE COURSE OF RESPONDING TO A MUTUAL
AID CALL SUFFERS AN INJURY CAUSALLY RELATED TO SUCH MUTUAL AID CALL AND
INCURS COSTS FOR MEDICAL TREATMENT, LOST TIME FROM HIS OR HER POSITION,
LOSS OF EARNINGS OR ANY OTHER COST PAYABLE UNDER THIS CHAPTER, THE STATE
SHALL REIMBURSE THE FIRE DEPARTMENT THE FIREFIGHTER VOLUNTEERS WITH FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11045-02-9
A. 7427 2
ALL SUCH COSTS. REIMBURSEMENT UNDER THIS SUBDIVISION SHALL NOT EXCEED
THE ACTUAL COST INCURRED. EACH FIRE DEPARTMENT THAT SEEKS REIMBURSEMENT
PURSUANT TO THIS SUBDIVISION SHALL SUBMIT ITS CLAIMS FOR REIMBURSEMENT
ON FORMS APPROVED BY AND IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONERS OF THE STATE INSURANCE FUND OF THE
DEPARTMENT OF LABOR OF THE STATE OF NEW YORK.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to costs incurred during mutual aid
calls occurring on and after such effective date. Effective immediately
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.