State Codes and Statutes

Statutes > New-york > Vol > Article-4 > 61

* § 61. Death  or disability due to disease or malfunction of heart or  coronary arteries; claims and procedures. 1. A claim  for  benefits  for  the  death  or  disability  of  a  volunteer  fireman  due to disease or  malfunction of the heart or of one or more coronary  arteries  filed  in  accordance  with  section forty-one of this chapter, shall not be denied  provided the claimant  introduces  evidence  which  establishes  that  a  volunteer fireman suffered disease or malfunction of the heart or of one  or  more  coronary arteries which caused the disablement or death of the  volunteer fireman, and that such disease or  malfunction  resulted  from  the  duties and activities in which the volunteer fireman was engaged as  set forth in section five of this chapter for which  benefits  shall  be  paid,  unless  it  can  be shown by substantial evidence to the contrary  that the duties and activities of the volunteer  fireman  in  which  the  volunteer fireman was engaged at the time of such disease or malfunction  did  not  cause  or precipitate such disease or malfunction; and further  provided that the injury did not result solely from the intoxication  of  the volunteer fireman while acting in line of duty or was not occasioned  by  the  wilful  intention  of  the volunteer fireman to bring about the  injury or death of himself or another.    2. The chairman of the workers' compensation  board  shall  promulgate  rules  and  regulations providing a priority for controverted claims for  benefits filed as provided in subdivision one of this section  provided,  however, that the claim must be decided within ninety days measured from  the  date  of  the  receipt  of  a  completed  claim  from the volunteer  firefighter or his representative. Such rules and regulations shall also  prescribe a form to be used for making claims for  such  benefits.  Such  form  shall  specifically  request the information necessary in order to  receive an award of benefits.    3. This section shall not be construed to repeal  by  implication  any  existing provision of law.    * NB Repealed July 1, 2015

State Codes and Statutes

Statutes > New-york > Vol > Article-4 > 61

* § 61. Death  or disability due to disease or malfunction of heart or  coronary arteries; claims and procedures. 1. A claim  for  benefits  for  the  death  or  disability  of  a  volunteer  fireman  due to disease or  malfunction of the heart or of one or more coronary  arteries  filed  in  accordance  with  section forty-one of this chapter, shall not be denied  provided the claimant  introduces  evidence  which  establishes  that  a  volunteer fireman suffered disease or malfunction of the heart or of one  or  more  coronary arteries which caused the disablement or death of the  volunteer fireman, and that such disease or  malfunction  resulted  from  the  duties and activities in which the volunteer fireman was engaged as  set forth in section five of this chapter for which  benefits  shall  be  paid,  unless  it  can  be shown by substantial evidence to the contrary  that the duties and activities of the volunteer  fireman  in  which  the  volunteer fireman was engaged at the time of such disease or malfunction  did  not  cause  or precipitate such disease or malfunction; and further  provided that the injury did not result solely from the intoxication  of  the volunteer fireman while acting in line of duty or was not occasioned  by  the  wilful  intention  of  the volunteer fireman to bring about the  injury or death of himself or another.    2. The chairman of the workers' compensation  board  shall  promulgate  rules  and  regulations providing a priority for controverted claims for  benefits filed as provided in subdivision one of this section  provided,  however, that the claim must be decided within ninety days measured from  the  date  of  the  receipt  of  a  completed  claim  from the volunteer  firefighter or his representative. Such rules and regulations shall also  prescribe a form to be used for making claims for  such  benefits.  Such  form  shall  specifically  request the information necessary in order to  receive an award of benefits.    3. This section shall not be construed to repeal  by  implication  any  existing provision of law.    * NB Repealed July 1, 2015

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vol > Article-4 > 61

* § 61. Death  or disability due to disease or malfunction of heart or  coronary arteries; claims and procedures. 1. A claim  for  benefits  for  the  death  or  disability  of  a  volunteer  fireman  due to disease or  malfunction of the heart or of one or more coronary  arteries  filed  in  accordance  with  section forty-one of this chapter, shall not be denied  provided the claimant  introduces  evidence  which  establishes  that  a  volunteer fireman suffered disease or malfunction of the heart or of one  or  more  coronary arteries which caused the disablement or death of the  volunteer fireman, and that such disease or  malfunction  resulted  from  the  duties and activities in which the volunteer fireman was engaged as  set forth in section five of this chapter for which  benefits  shall  be  paid,  unless  it  can  be shown by substantial evidence to the contrary  that the duties and activities of the volunteer  fireman  in  which  the  volunteer fireman was engaged at the time of such disease or malfunction  did  not  cause  or precipitate such disease or malfunction; and further  provided that the injury did not result solely from the intoxication  of  the volunteer fireman while acting in line of duty or was not occasioned  by  the  wilful  intention  of  the volunteer fireman to bring about the  injury or death of himself or another.    2. The chairman of the workers' compensation  board  shall  promulgate  rules  and  regulations providing a priority for controverted claims for  benefits filed as provided in subdivision one of this section  provided,  however, that the claim must be decided within ninety days measured from  the  date  of  the  receipt  of  a  completed  claim  from the volunteer  firefighter or his representative. Such rules and regulations shall also  prescribe a form to be used for making claims for  such  benefits.  Such  form  shall  specifically  request the information necessary in order to  receive an award of benefits.    3. This section shall not be construed to repeal  by  implication  any  existing provision of law.    * NB Repealed July 1, 2015