A. 1849 2
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.
§ 2. Section 9 of the volunteer firefighters' benefit law, as amended
by chapter 523 of the laws of 2021, is amended to read as follows:
§ 9. Temporary total disability benefits. In the case of temporary
total disability the volunteer firefighter shall be paid one hundred
twenty-five dollars for each week during the continuance thereof;
provided, however, that when the volunteer firefighter is injured in the
line of duty on or after July first, nineteen hundred seventy-eight to
December thirty-first, nineteen hundred seventy-eight, said firefighter
shall receive one hundred eighty dollars per week during the continuance
thereof; and further provided, that when the volunteer firefighter is
injured in the line of duty on or after January first, nineteen hundred
seventy-nine to June thirtieth, nineteen hundred eighty-three, said
firefighter shall receive two hundred fifteen dollars per week during
the continuance thereof; and further provided, that when the volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
four, said firefighter shall receive two hundred fifty-five dollars per
week during the continuance thereof; and further provided, that when the
volunteer firefighter is injured in the line of duty on or after July
first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
eighty-five, said firefighter shall receive two hundred seventy-five
dollars per week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred eighty-five to June thirtieth, nine-
teen hundred ninety, said firefighter shall receive three hundred
dollars per week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety to June thirtieth, nineteen
hundred ninety-one, said firefighter shall receive three hundred forty
dollars per week during the continuance thereof; and further provided,
that when a volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety-one to June thirtieth, nine-
teen hundred ninety-two, said firefighter shall receive three hundred
fifty dollars per week during the continuance thereof; and further
provided, that when a volunteer firefighter is injured in the line of
duty on or after July first, nineteen hundred ninety-two to June thir-
teenth, two thousand twenty-one, said firefighter shall receive four
hundred dollars per week during the continuance thereof; and further
provided, that when a volunteer firefighter is injured in the line of
duty on or after July first, two thousand twenty-one TO JUNE THIRTIETH
TWO THOUSAND TWENTY-SIX, said firefighter shall receive six hundred
fifty dollars per week during the continuance thereof; AND FURTHER
PROVIDED, THAT WHEN A VOLUNTEER FIREFIGHTER IS INJURED IN THE LINE OF
DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, SAID FIREFIGHTER
SHALL RECEIVE NINE HUNDRED DOLLARS PER WEEK DURING THE CONTINUANCE
THEREOF. Temporary total disability, within the meaning of this
section, shall exist only if the earning capacity of the volunteer fire-
fighter has been lost temporarily and totally as the result of the inju-
ry. In case of temporary total disability and permanent partial disabil-
ity both resulting from the same injury, if the temporary total
disability continues for a longer period than the number of weeks set
forth in the following schedule, the period of temporary total disabili-
A. 1849 3
ty in excess of such number of weeks shall be added to the period
provided in section ten of this article: arm, thirty-two weeks; leg,
forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
weeks; third finger, eight weeks; fourth finger, eight weeks; toe other
than great toe, eight weeks. In any case resulting in loss or partial
loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
where the temporary total disability does not extend beyond the periods
above mentioned for such injury, benefits shall be limited to the sched-
ule contained in section ten of this article.
§ 3. The opening paragraph and paragraph (g) of subdivision 1 of
section 10 of the volunteer firefighters' benefit law, the opening para-
graph as amended by chapter 21 of the laws of 1991, paragraph (g) as
amended by chapter 584 of the laws of 1974, the opening subparagraph and
subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of
2018 and subparagraphs 1 and 2 of paragraph (g) as amended by chapter
924 of the laws of 1990, are amended to read as follows:
In the case of disability partial in character, but permanent in qual-
ity, the volunteer firefighter shall be paid ninety-five dollars for
each week for the period specified in this subdivision, provided, howev-
er, that when the volunteer firefighter is injured in the line of duty
on or after January first, nineteen hundred seventy-eight to June thir-
tieth, nineteen hundred eighty-three, such payment shall be one hundred
five dollars for each week, and further provided that when a volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred eighty-three to and including June thirtieth, nineteen
hundred eighty-four, such payments shall be one hundred twenty-five
dollars for each week and provided further that when the volunteer fire-
fighter is injured in the line of duty on or after July first, nineteen
hundred eighty-four to and including June thirtieth, nineteen hundred
eighty-five such payments shall be one hundred thirty-five dollars for
each week and provided further that when the volunteer firefighter is
injured in the line of duty on or after July first, nineteen hundred
eighty-five to and including June thirtieth, nineteen hundred ninety
such payments shall be one hundred fifty dollars for each week, and
provided further that when the volunteer firefighter is injured in the
line of duty on or after July first, nineteen hundred ninety to and
including June thirtieth, nineteen hundred ninety-one such payments
shall be two hundred eighty dollars for each week, and provided further
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety-one to and including June
thirtieth, nineteen hundred ninety-two such payments shall be three
hundred fifty dollars for each week, and provided further that when the
volunteer firefighter is injured in the line of duty on or after July
first, nineteen hundred ninety-two such payments shall be four hundred
dollars for each week, AND PROVIDED FURTHER THAT WHEN THE VOLUNTEER
FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-SIX SUCH PAYMENTS SHALL BE NINE HUNDRED DOLLARS FOR EACH
WEEK as follows:
(g) Other cases. In all other cases of permanent partial disability
the volunteer firefighter shall be paid for each week during the contin-
uance thereof, as follows:
1. If the percentage of loss of earning capacity is seventy-five per
centum, or greater, [he or she] SUCH VOLUNTEER FIREFIGHTER shall be paid
ninety-five dollars for each week, provided, however, that when the
A. 1849 4
volunteer firefighter is injured in the line of duty on or after January
first, nineteen hundred seventy-eight to and including June thirtieth,
nineteen hundred eighty-three, such payment shall be one hundred five
dollars for each week provided, however, that when the volunteer fire-
fighter is injured in the line of duty on or after July first, nineteen
hundred eighty-three to and including June thirtieth, nineteen hundred
eighty-four, such payment shall be one hundred twenty-five dollars for
each week provided, however, that when the volunteer firefighter is
injured in the line of duty on or after July first, nineteen hundred
eighty-four to and including June thirtieth, nineteen hundred eighty-
five such payment shall be one hundred thirty-five dollars for each
week, provided, however, that when the volunteer firefighter is injured
in the line of duty on or after July first, nineteen hundred eighty-five
to and including June thirtieth, nineteen hundred ninety such payment
shall be one hundred fifty dollars for each week, provided, however,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety to and including June thirti-
eth, nineteen hundred ninety-one such payment shall be two hundred
eighty dollars for each week, and provided further that when the volun-
teer firefighter is injured in the line of duty on or after July first,
nineteen hundred ninety-one to and including June thirtieth, nineteen
hundred ninety-two such payment shall be three hundred fifty dollars for
each week, and provided further that when the volunteer firefighter is
injured in the line of duty on or after July first, nineteen hundred
ninety-two such payment shall be four hundred dollars for each week, AND
PROVIDED FURTHER THAT WHEN THE VOLUNTEER FIREFIGHTER IS INJURED IN THE
LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX SUCH
PAYMENT SHALL BE NINE HUNDRED DOLLARS FOR EACH WEEK;
2. If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, [he or she] SUCH
VOLUNTEER FIREFIGHTER shall be paid sixty-three dollars and thirty-three
cents for each week, provided, however, that when the volunteer fire-
fighter is injured in the line of duty on or after January first, nine-
teen hundred seventy-eight to and including June thirtieth, nineteen
hundred eighty-three, such payment shall be seventy dollars for each
week, provided, however, that when the volunteer firefighter is injured
in the line of duty on or after July first, nineteen hundred eighty-
three to and including June thirtieth, nineteen hundred eighty-four such
payment shall be eighty-three dollars and thirty-three cents for each
week, provided, however, that when the volunteer firefighter is injured
in the line of duty on or after July first, nineteen hundred eighty-
four, to and including June thirtieth, nineteen hundred eighty-five,
such payment shall be ninety dollars for each week, provided, however,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred eighty-five to and including June
thirtieth, nineteen hundred ninety such payment shall be one hundred
dollars for each week, provided, however, that when the volunteer fire-
fighter is injured in the line of duty on or after July first, nineteen
hundred ninety to and including June thirtieth, nineteen hundred nine-
ty-one such payment shall be one hundred eighty-six dollars and seven-
ty-six cents for each week, provided, however, that when the volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred ninety-one to and including June thirtieth, nineteen
hundred ninety-two such payment shall be two hundred thirty-four dollars
and fifty cents for each week, provided, however, that when the volun-
teer firefighter is injured in the line of duty on or after July first,
A. 1849 5
nineteen hundred ninety-two such payment shall be two hundred sixty-
eight dollars for each week, PROVIDED, HOWEVER, THAT WHEN THE VOLUNTEER
FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-SIX SUCH PAYMENT SHALL BE FIVE HUNDRED THIRTY-SIX
DOLLARS FOR EACH WEEK;
3. If the percentage of loss of earning capacity is twenty-five per
centum, or greater, but less than fifty per centum, [he] SUCH VOLUNTEER
FIREFIGHTER shall be paid [thirty] TWO HUNDRED dollars for each week;
4. If the percentage of loss of earning capacity is less than twenty-
five per centum, [he or she] SUCH VOLUNTEER FIREFIGHTER shall [not] be
paid [any weekly benefit. Permanent partial disability, within the
meaning of this paragraph, shall exist only if the earning capacity of
the volunteer firefighter has been permanently and partially lost as the
result of the injury. The workers' compensation board shall determine
the degree of such disability and such board may reconsider such degree
on its own motion or upon application of any party in interest] FIFTY
DOLLARS FOR EACH WEEK.
§ 4. Section 8 of the volunteer ambulance workers' benefit law, as
amended by chapter 401 of the laws of 2016, is amended to read as
follows:
§ 8. Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer ambulance worker shall be
paid [six] NINE 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 ambulance
worker has been lost permanently and totally as the result of the inju-
ry. 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 ambulance worker 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] SUCH VOLUNTEER AMBULANCE WORKER weekly earnings or wages, when
combined with [his] THEIR 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 ambulance worker 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.
§ 5. Section 9 of the volunteer ambulance workers' benefit law, as
amended by chapter 523 of the laws of 2021, is amended to read as
follows:
§ 9. Temporary total disability benefits. In the case of temporary
total disability the volunteer ambulance worker shall be paid three
hundred dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to June thirti-
eth, nineteen hundred ninety; further provided, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
said ambulance worker shall receive three hundred forty dollars per week
during the continuance thereof, and further provided, that when a volun-
A. 1849 6
teer ambulance worker is injured in the line of duty on or after July
first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
ninety-two, said ambulance worker shall receive three hundred fifty
dollars per week during the continuance thereof; provided further that
when a volunteer ambulance worker is injured in the line of duty on or
after July first, nineteen hundred ninety-two to June thirtieth, two
thousand twenty-one, such ambulance worker shall be paid four hundred
dollars for each week during the continuance thereof; provided further
that when a volunteer ambulance worker is injured in the line of duty on
or after July first, two thousand twenty-one TO JUNE THIRTIETH, TWO
THOUSAND TWENTY-SIX such ambulance worker shall be paid six hundred
fifty dollars for each week during the continuance thereof; PROVIDED
FURTHER THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF
DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX SUCH AMBULANCE
WORKER SHALL BE PAID NINE HUNDRED DOLLARS FOR EACH WEEK DURING THE
CONTINUANCE THEREOF. Temporary total disability, within the meaning of
this section, shall exist only if the earning capacity of the volunteer
ambulance worker has been lost temporarily and totally as the result of
the injury. In case of temporary total disability and permanent partial
disability both resulting from the same injury, if the temporary total
disability continues for a longer period than the number of weeks set
forth in the following schedule, the period of temporary total disabili-
ty in excess of such number of weeks shall be added to the period
provided in section ten of this chapter: arm, thirty-two weeks; leg,
forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
than great toe, eight weeks. In any case resulting in loss or partial
loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
where the temporary total disability does not extend beyond the periods
above mentioned for such injury, benefits shall be limited to the sched-
ule contained in section ten of this chapter.
§ 6. The opening paragraph and paragraph g of subdivision 1 of section
10 of the volunteer ambulance workers' benefit law, the opening para-
graph as amended by chapter 21 of the laws of 1991, paragraph g as
amended by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of
paragraph g as amended by chapter 924 of the laws of 1990, are amended
to read as follows:
In the case of disability partial in character, but permanent in qual-
ity, the volunteer ambulance worker, injured in the line of duty shall
be paid one hundred fifty dollars for each week for the period specified
in this subdivision, provided, however, that when the volunteer ambu-
lance worker is injured in the line of duty on or after the effective
date of this chapter to and including June thirtieth, nineteen hundred
ninety, and provided further that when the volunteer ambulance worker is
injured in the line of duty on or after July first, nineteen hundred
ninety to and including June thirtieth, nineteen hundred ninety-one such
payments shall be two hundred eighty dollars for each week, and provided
further that when the volunteer ambulance worker is injured in the line
of duty on or after July first, nineteen hundred ninety-one to and
including June thirtieth, nineteen hundred ninety-two such payments
shall be three hundred fifty dollars for each week; and provided further
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-two such payments shall
be four hundred dollars for each week; AND PROVIDED FURTHER THAT WHEN
A. 1849 7
THE VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON OR
AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX SUCH PAYMENTS SHALL BE NINE
HUNDRED DOLLARS FOR EACH WEEK as follows:
g. Other cases. In all other cases of permanent partial disability the
volunteer ambulance worker shall be paid for each week, during the
continuance thereof, as follows:
(1) If the percentage of loss of earning capacity is seventy-five per
centum, or greater, [he or she] SUCH VOLUNTEER AMBULANCE WORKER shall be
paid one hundred fifty dollars for each week, provided, however, that
the volunteer ambulance worker is injured in the line of duty on or
after the effective date of this chapter to and including June thirti-
eth, nineteen hundred ninety, provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to and including June thirtieth, nineteen
hundred ninety-one such payment shall be two hundred eighty dollars for
each week, and provided further that when the volunteer ambulance worker
is injured in the line of duty on or after July first, nineteen hundred
ninety-one to and including June thirtieth, nineteen hundred ninety-two
such payment shall be three hundred fifty dollars for each week; and
provided further that when the volunteer ambulance worker is injured in
the line of duty on or after July first, nineteen hundred ninety-two
such payments shall be four hundred dollars for each week; AND PROVIDED
FURTHER THAT WHEN THE VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE
OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, SUCH PAYMENTS
SHALL BE NINE HUNDRED DOLLARS FOR EACH WEEK.
(2) If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, [he or she] SUCH
VOLUNTEER AMBULANCE WORKER shall be paid one hundred dollars for each
week, provided, however, that the volunteer ambulance worker is injured
in the line of duty on or after the effective date of this chapter to
and including June thirtieth, nineteen hundred ninety, provided, howev-
er, that when the volunteer ambulance worker is injured in the line of
duty on or after July first, nineteen hundred ninety to and including
June thirtieth, nineteen hundred ninety-one, such payment shall be one
hundred eighty-six dollars and seventy-six cents for each week,
provided, however, that when the volunteer ambulance worker is injured
in the line of duty on or after July first, nineteen hundred ninety-one
to and including June thirtieth, nineteen hundred ninety-two, such
payment shall be two hundred thirty-four dollars and fifty cents for
each week; provided, however, that when the volunteer ambulance worker
is injured in the line of duty on or after July first, nineteen hundred
ninety-two, such payment shall be two hundred sixty-eight dollars for
each week; PROVIDED, HOWEVER, THAT WHEN THE VOLUNTEER AMBULANCE WORKER
IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND
TWENTY-SIX, SUCH PAYMENT SHALL BE FIVE HUNDRED THIRTY-SIX DOLLARS FOR
EACH WEEK.
(3) If the percentage of loss of earning capacity is twenty-five
percentum, or greater, but less than fifty per centum, [he or she] SUCH
VOLUNTEER AMBULANCE WORKER shall be paid [thirty] TWO HUNDRED dollars
for each week.
(4) If the percentage of loss of earning capacity is less than twen-
ty-five per centum, [he or she] SUCH VOLUNTEER AMBULANCE WORKER shall
[not] be paid [any weekly benefit] FIFTY DOLLARS PER WEEK.
Permanent partial disability, within the meaning of this paragraph,
shall exist only if the earning capacity of the volunteer ambulance
worker has been permanently and partially lost as the result of the
A. 1849 8
injury. The workers' compensation board shall determine the degree of
such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
§ 7. This act shall take effect immediately.