S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    566
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. CAHILL, DiPIETRO, SALKA -- 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  476  of  the  laws  of 2018, is amended to read as
 follows:
   § 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  firefighter,  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.
                                                            LBD01490-01-1

 A. 566                              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
 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-
 fighter  in  sufficient  time  to  comply  with  the  provisions of this
 section.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.