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This entry was published on 2019-01-11
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Notice of injury or death
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 4
§ 40. Notice of injury or death. 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 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. The notice shall be in
writing, shall contain the name and address of the volunteer
firefighter, 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
dependents, or by a person on their behalf. 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 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 firefighter in sufficient time to comply with the provisions
of this section.