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This entry was published on 2021-12-24
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SECTION 61
Death or disability due to disease or malfunction of heart or coronary arteries or due to vascular rupture; claims and procedures
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 4
* § 61. Death or disability due to disease or malfunction of heart or
coronary arteries or due to vascular rupture; claims and procedures. 1.
A claim for benefits for the death or disability of a volunteer
firefighter due to disease or malfunction of the heart or of one or more
coronary arteries or a claim for benefits for the death or disability of
a volunteer firefighter due to vascular rupture filed in accordance with
section forty-one of this chapter, shall not be denied provided the
claimant introduces evidence which establishes that a volunteer
firefighter suffered disease or malfunction of the heart or of one or
more coronary arteries, or vascular rupture, which caused the
disablement or death of the volunteer firefighter, and that such disease
or malfunction, or vascular rupture, resulted from the duties and
activities in which the volunteer firefighter was engaged as set forth
in section five of this chapter for which benefits shall be paid, unless
it can be shown by substantial evidence to the contrary that the duties
and activities of the volunteer firefighter in which the volunteer
firefighter was engaged at the time of such disease or malfunction, or
vascular rupture, did not cause or precipitate such disease or
malfunction, or vascular rupture; and further provided that the injury
did not result solely from the intoxication of the volunteer firefighter
while acting in line of duty or was not occasioned by the wilful
intention of the volunteer firefighter to bring about the injury or
death of himself or herself or another.

2. The chairman of the workers' compensation board shall promulgate
rules and regulations providing a priority for controverted claims for
benefits filed as provided in subdivision one of this section provided,
however, that the claim must be decided within ninety days measured from
the date of the receipt of a completed claim from the volunteer
firefighter or his representative. Such rules and regulations shall also
prescribe a form to be used for making claims for such benefits. Such
form shall specifically request the information necessary in order to
receive an award of benefits.

3. This section shall not be construed to repeal by implication any
existing provision of law.

* NB Repealed July 1, 2025