S T A T E   O F   N E W   Y O R K
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                                  1718

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. CAHILL -- 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-
dents, [or] by a person on their behalf, OR BY A CLAIM ASSISTANT.    The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06174-01-5
              

A. 1718                             2

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.