S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   681

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. CAHILL, GABRYSZAK, SCHROEDER, WALKER -- Multi-
  Sponsored by -- M. of A.  PHEFFER -- read once  and  referred  to  the
  Committee on Local Governments

AN  ACT to amend the volunteer firefighters' benefit law, in relation to
  providing for temporary payments of  benefit  pending  final  determi-
  nation of claim

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 40 of the volunteer firefighters' benefit  law,  as
amended  by  chapter  544  of  the  laws  of 1957, is amended to read as
follows:
  S 40.  [Notice] CLAIM ASSISTANCE UNIT; NOTICE of injury or death.  THE
WORKERS' COMPENSATION BOARD SHALL ESTABLISH  A  VOLUNTEER  FIREFIGHTERS'
BENEFIT  CLAIM ASSISTANCE UNIT. SUCH UNIT SHALL BE RESPONSIBLE TO INITI-
ATE CONTACT WITH ANY VOLUNTEER FIREFIGHTER WHO SUSTAINS A LIFE THREATEN-
ING INJURY, OR IN THE CASE OF DEATH, THE SURVIVING  DEPENDENTS  OF  SUCH
VOLUNTEER  FIREFIGHTER AND SHALL PROVIDE ANY AND ALL ASSISTANCE REQUIRED
TO FILE CLAIMS AND EXPEDITE PAYMENT OF ANY AND  ALL  BENEFITS  ALLOWABLE
UNDER THIS CHAPTER.
  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] ARTICLE 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, OR BY A CLAIM ASSISTANT.  The notice shall be in writing,
shall contain the name and address of the volunteer fireman,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00601-01-9

A. 681                              2

case  of  death,  by any one or more of his OR HER dependents, [or] by a
person on their behalf, OR BY A CLAIM ASSISTANT.   The notice  shall  be
given  to the clerk of the board of supervisors of the county, the comp-
troller  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
[workmen's] 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  fire-
man in sufficient time to comply with the provisions of this section.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.