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

                                  1150

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. CAHILL, GABRYSZAK -- 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] FIREFIGHT-
ER,  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 depen-

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

                                                           LBD03684-01-3

A. 1150                             2

dents,  [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 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
[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]  FIREFIGHTER  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.