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This entry was published on 2019-01-11
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Payments pending controversies where volunteer firefighters are killed or injured
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 205-c. Payments pending controversies where volunteer firefighters
are killed or injured. In order to provide for the prompt payment of
benefits under sections two hundred five and two hundred nine-a of this
article, and under the workers' compensation law, where such benefits
are conceded to be due to any person because of the death of or injuries
to a volunteer firefighter but controversy exists as to which city,
village, town or fire district is liable for the payment thereof, the
municipalities and districts involved in such controversy and their
insurance carriers, if any, may agree that any one or more of such
municipalities or districts or its insurance carrier shall pay the
benefits to, or in relation to, the person conceded to be entitled to
such benefits without waiting for a final determination of the
controversy, and may carry out the provisions of such an agreement.
Notwithstanding any such payment, any party to the agreement may seek a
final determination of the controversy in the same manner as if such
payment had not been made. After a final determination the parties to
the agreement shall make any necessary and proper reimbursement to
conform to the determination. The term "insurance carrier" as used
herein shall mean an insurance company, or a county mutual
self-insurance plan in accordance with subdivision three-a of section
fifty of the workers' compensation law, or any plan which shall be
provided for by law in amendment of or substitution for such a plan.