Legislation
SECTION 19
Exclusiveness of remedy
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 2
§ 19. Exclusiveness of remedy. The benefits provided by this chapter
shall be the exclusive remedy of a volunteer firefighter, or his or her
spouse, parents, dependents, next of kin, executor or administrator, or
anyone otherwise entitled to recover damages, at common law or
otherwise, for or on account of an injury to a volunteer firefighter in
line of duty or death resulting from an injury to a volunteer
firefighter in line of duty, as against (1) the political subdivision
liable for the payment of such benefits, (2) the political subdivision
regularly served by the fire company of which the volunteer firefighter
is a member, whether or not pursuant to a contract for fire protection,
even though any such political subdivision is not liable for the payment
of such benefits in the circumstances, and (3) any person or agency
acting under governmental or statutory authority in furtherance of the
duties or activities in relation to which any such injury resulted;
provided, however, that the benefits provided by this chapter shall not
be the exclusive remedy as against persons who, in the furtherance of
the same duties or activities, are not similarly barred from recourse
against the volunteer firefighter, or his or her executor or
administrator.
shall be the exclusive remedy of a volunteer firefighter, or his or her
spouse, parents, dependents, next of kin, executor or administrator, or
anyone otherwise entitled to recover damages, at common law or
otherwise, for or on account of an injury to a volunteer firefighter in
line of duty or death resulting from an injury to a volunteer
firefighter in line of duty, as against (1) the political subdivision
liable for the payment of such benefits, (2) the political subdivision
regularly served by the fire company of which the volunteer firefighter
is a member, whether or not pursuant to a contract for fire protection,
even though any such political subdivision is not liable for the payment
of such benefits in the circumstances, and (3) any person or agency
acting under governmental or statutory authority in furtherance of the
duties or activities in relation to which any such injury resulted;
provided, however, that the benefits provided by this chapter shall not
be the exclusive remedy as against persons who, in the furtherance of
the same duties or activities, are not similarly barred from recourse
against the volunteer firefighter, or his or her executor or
administrator.