§ 40. Notice of injury or death. 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 or the volunteer ambulance company
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 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 behalf.
The notice shall be in writing, shall contain the name and address of
the volunteer ambulance worker, and state in ordinary language the time,
place, nature and cause of the injury and shall be signed by him or by a
person on his behalf or, in case of death, by any one or more of his
dependents, or by a person on their behalf. 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, the secretary of the ambulance district or the
volunteer ambulance company, 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 ambulance
district or ambulance 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
ambulance worker in sufficient time to comply with the provisions of
this section.