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This entry was published on 2017-04-21
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Liability for compensation
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 10. Liability for compensation. 1. Every employer subject to this
chapter shall in accordance with this chapter, except as otherwise
provided in section twenty-five-a hereof, secure compensation to his
employees and pay or provide compensation for their disability or death
from injury arising out of and in the course of the employment without
regard to fault as a cause of the injury, except that there shall be no
liability for compensation under this chapter when the injury has been
solely occasioned by intoxication from alcohol or a controlled substance
of the injured employee while on duty; or by wilful intention of the
injured employee to bring about the injury or death of himself or
another; or where the injury was sustained in or caused by voluntary
participation in an off-duty athletic activity not constituting part of
the employee's work related duties unless the employer (a) requires the
employee to participate in such activity, (b) compensates the employee
for participating in such activity or (c) otherwise sponsors the

2. Notwithstanding any other provisions of this chapter, an injury
incurred by an individual currently employed as an emergency medical
technician or an advanced emergency medical technician who is certified
pursuant to section three thousand two of the public health law, while
voluntarily and without expectation of monetary compensation rendering
medical assistance at the scene of an accident shall be deemed to have
arisen out of and in the course of the employment with that emergency
medical technician or advanced emergency medical technician's current

3. (a) Notwithstanding any other provisions of this chapter, where a
public safety worker, including but not limited to a firefighter,
emergency medical technician, police officer, correction officer,
civilian employee of the department of corrections and community
supervision or other person employed by the state to work within a
correctional facility maintained by the department of corrections and
community supervision, driver and medical observer, in the course of
performing his or her duties, is exposed to the blood or other bodily
fluids of another individual or individuals, the executive officer of
the appropriate ambulance, fire or police district may authorize such
public safety worker to obtain the care and treatment, including
diagnosis, recommended medicine and other medical care needed to
ascertain whether such individual was exposed to or contracted any
communicable disease and such care and treatment shall be the
responsibility of the insurance carrier of the appropriate ambulance,
fire or police district or, if a public safety worker was not so exposed
in the course of performing his or her duties for such a district, then
such person shall be covered for the treatment provided for in this
subdivision by the carrier of his or her employer when such person is
acting in the scope of his or her employment. For the purpose of this
subdivision, the term "public safety worker" shall include persons who
act for payment or who act as volunteers in an organized group such as a
rescue squad, police department, correctional facility, ambulance corps,
fire department, or fire company.

(b) Where a police officer or firefighter subject to section thirty of
this article, or emergency medical technician, paramedic, or other
person certified to provide medical care in emergencies, or emergency
dispatcher files a claim for mental injury premised upon extraordinary
work-related stress incurred in a work-related emergency, the board may
not disallow the claim, upon a factual finding that the stress was not
greater than that which usually occurs in the normal work environment.

4. Any person incarcerated upon conviction of a felony shall be deemed
ineligible for all benefits provided under this chapter. All those whose
benefits have ceased by operation of this section, may apply to the
board for benefits upon their release from custody pursuant to
regulation of the board.