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This entry was published on 2019-01-11
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Payments pending controversies
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 4
§ 50. Payments pending controversies. In order that the benefits to be
paid and provided under this chapter shall be paid promptly 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
political subdivision is liable for the payment thereof, the municipal
corporations and fire districts involved in such controversy and their
insurance carriers, if any, may agree that any one or more of such
municipal corporations or fire districts or its insurance carrier shall
pay or provide 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 benefits had not been paid or provided and any such
payment or provision of benefits shall not prejudice any rights of the
political subdivision or its insurance carrier paying or providing the
same, nor be taken as an admission against interest. After a final
determination the parties to the agreement shall make any necessary and
proper reimbursement to conform to the determination.