Legislation
SECTION 41
Claim for benefits
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 4
§ 41. Claim for benefits. The right to claim benefits under this
chapter shall be barred, except as hereinafter provided, unless within
two years after the injury, or, if death results therefrom, within two
years after such death, a claim for the benefits under this chapter
shall be filed with the chairperson of the workers' compensation board
and a copy of such claim shall be filed with the same officer to whom a
notice of injury must be given under section forty of this chapter. The
right of a volunteer firefighter or his or her dependents to claim
benefits under this chapter for disablement or death, as the case may
be, caused by disease shall not be barred by the failure of the
volunteer firefighter or his or her dependents to file a claim within
either such period of two years, provided such claim shall be filed
after either such period of two years and within ninety days after
disablement or ninety days after knowledge that the disease is or was
due to service as a volunteer firefighter, whichever is the later date.
The claim shall be in substantially the same form and shall give
substantially the same information as is required to be given in a claim
under the provisions of section twenty-eight of the workers'
compensation law. Notwithstanding the provisions of any other law, any
such claim need not be sworn to, verified or acknowledged. No case in
which an advance payment is made to a volunteer firefighter or to his or
her dependents in case of death shall be barred by the failure of the
volunteer firefighter or his or her dependents to file a claim, and the
workers' compensation board may at any time order a hearing on any such
case in the same manner as though a claim for benefits had been filed.
The date of injury caused by disease shall be the date of contracture
of such disease as determined by the workers' compensation board on the
hearing of the claim and the responsibility of the political subdivision
liable for the payment of benefits and its insurance carrier shall be
fixed by the date of injury as so determined.
chapter shall be barred, except as hereinafter provided, unless within
two years after the injury, or, if death results therefrom, within two
years after such death, a claim for the benefits under this chapter
shall be filed with the chairperson of the workers' compensation board
and a copy of such claim shall be filed with the same officer to whom a
notice of injury must be given under section forty of this chapter. The
right of a volunteer firefighter or his or her dependents to claim
benefits under this chapter for disablement or death, as the case may
be, caused by disease shall not be barred by the failure of the
volunteer firefighter or his or her dependents to file a claim within
either such period of two years, provided such claim shall be filed
after either such period of two years and within ninety days after
disablement or ninety days after knowledge that the disease is or was
due to service as a volunteer firefighter, whichever is the later date.
The claim shall be in substantially the same form and shall give
substantially the same information as is required to be given in a claim
under the provisions of section twenty-eight of the workers'
compensation law. Notwithstanding the provisions of any other law, any
such claim need not be sworn to, verified or acknowledged. No case in
which an advance payment is made to a volunteer firefighter or to his or
her dependents in case of death shall be barred by the failure of the
volunteer firefighter or his or her dependents to file a claim, and the
workers' compensation board may at any time order a hearing on any such
case in the same manner as though a claim for benefits had been filed.
The date of injury caused by disease shall be the date of contracture
of such disease as determined by the workers' compensation board on the
hearing of the claim and the responsibility of the political subdivision
liable for the payment of benefits and its insurance carrier shall be
fixed by the date of injury as so determined.