ARTICLE 1 Short Title; Purpose; Definitions
Short title. This chapter shall be known and may be cited as the
"volunteer ambulance workers' benefit law".
Purpose. In recognition of the unselfish service given to the
people of New York state by these volunteer ambulance workers,
government has undertaken to provide for them and their families some
measure of protection against loss from death or injuries in the line of
duty. This chapter establishes a system of benefits for volunteer
ambulance workers and provides for the administration of such system by
the workers' compensation board and the chairman of such board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
or volunteer ambulance company liable for benefits under this chapter
and a volunteer ambulance worker entitled to such benefits is that of
employer and employee within the meaning of such provision of the state
constitution.
Definitions. As used in this chapter:
1. "Volunteer ambulance worker" means an active volunteer member of an
ambulance company as specified on a list regularly maintained by that
company for the purpose of this chapter.
2. "Ambulance company" means any voluntary or municipal ambulance
service registered or certified pursuant to article thirty of the public
health law, except an ambulance service subject to the provisions of
section two hundred nine-b of the general municipal law.
3. "Line of duty" means the performance by a volunteer ambulance
worker as a volunteer ambulance worker of the duties and activities
described in subdivision one of section five of this chapter and the
same such duties and activities performed for a specialized team
established pursuant to the provisions of section two hundred nine-bb of
the general municipal law for which the volunteer ambulance worker does
not receive any remuneration or a gratuity and shall be deemed to
include any date of injury as determined by the workers' compensation
board pursuant to the provisions of section forty-one of this chapter.
The following shall not be deemed to be remuneration or a gratuity:
reimbursement of expenses for meals, lodging and actual and necessary
travel; the receipt of a mileage allowance in lieu of travel expense;
and the acceptance of transportation, food, drink, shelter, clothing and
similar items while on duty or engaged in such activities.
4. "Injury" means any disablement of a volunteer ambulance worker that
results from services performed in line of duty and such disease or
infection as may naturally and unavoidably result from an injury.
5. "Child" includes a posthumous child, a child legally adopted prior
to the injury of the volunteer ambulance worker; and a step-child or
acknowledged child born out of wedlock dependent upon the deceased
volunteer ambulance worker.
6. "Surviving spouse" means the legal spouse of a deceased volunteer
ambulance worker, but shall not include a spouse who has abandoned the
deceased. The term "abandoned", as used in this subdivision, means such
an abandonment as would be sufficient under section two hundred of the
domestic relations law to sustain a judgment of separation on that
ground.
7. "Dependent" means a surviving spouse entitled to receive benefits
under this chapter, whether or not actually dependent upon a volunteer
ambulance worker, unless a contrary meaning is clearly intended.
8. "Earning capacity", except as herein provided, means:
a. The ability of a volunteer ambulance worker to perform on a five
day or six day basis either the work usually and ordinarily performed by
him in his remunerated employment or other work which for any such
worker would be a reasonable substitute for the remunerated employment
in which he was employed at the time of his injury, or
b. The ability of a volunteer ambulance worker to perform on a five
day or six day basis either the work usually and ordinarily performed by
him in the practice of his profession or in the conduct of his trade or
business, including farming, and from which he could derive earned
income or other work which for any such person would be a reasonable
substitute for the profession, trade or business in which he was engaged
at the time of his injury.
Every volunteer ambulance worker shall be considered to have earning
capacity and, if the provisions of paragraphs a and b of this
subdivision are not applicable in any given case, the workers'
compensation board, in the interest of justice, shall determine the
reasonable earning capacity of the volunteer ambulance worker with due
regard to the provisions of such paragraphs and the work he reasonably
could be expected to obtain and for which he is qualified by age,
education, training and experience. The ability of a volunteer ambulance
worker to perform the duties of a volunteer ambulance worker, or to
engage in activities incidental thereto, may be considered in
determining loss of earning capacity, but the inability of a volunteer
ambulance worker to perform such duties or to engage in such activities
shall not be a basis of determining loss of earning capacity.
9. "State" means all territory within the boundaries of the state of
New York, including territory which has been or may hereafter be ceded
to the federal government or to the United Nations and territory within
the boundaries of Indian reservations.
10. "Political subdivision" means a county, city, town, village or
fire or ambulance district.
11. "State fund" means the state insurance fund provided for in
article six of the workers' compensation law.
12. "County plan of self-insurance" means a county plan of
self-insurance under article five of the workers' compensation law.
13. "Insurance carrier" means the state fund, the stock corporations,
mutual corporations, group self-insurers or reciprocal insurers
described in subdivision nine of section thirty of this chapter, a
county plan of self-insurance, or a self-insuring political subdivision.
For purposes of this chapter, a nonprofit property/casualty insurance
company which is licensed pursuant to subsection (b) of section six
thousand seven hundred four of the insurance law shall be deemed a stock
corporation and a nonprofit property/casualty insurance company which is
licensed as a reciprocal insurer pursuant to subsection (c) of section
six thousand seven hundred four of the insurance law shall be deemed a
reciprocal insurer.
14. "Fund raising activity" means a fund raising activity described in
subdivision one of section two hundred four-a of the general municipal
law, except that for the purposes of paragraph k of subdivision one of
section five of this chapter it shall not include competitive events in
which volunteer ambulance workers are competitors, such as baseball,
basketball, football, bowling, tugs of war, donkey baseball, donkey
basketball, boxing, wrestling, contests between bands or drum corps, or
other competitive events in which volunteer ambulance workers are
competitors and which involve physical exertion on the part of the
competitors. Such term "fund raising activity" shall not include drills,
parades, inspections, reviews, competitive tournaments, contests or
public exhibitions, described in paragraphs e and h of subdivision one
of section five of this chapter, even though prizes are awarded at such
events.
15. The "workers' compensation rating board" or the "New York workers'
compensation rating board" shall have the meaning set forth in section
two of the workers' compensation law.
ARTICLE 2 Coverage and Benefits
Coverage. 1. The duties and activities in relation to which
benefits shall be paid and provided pursuant to this chapter are:
a. Necessary travel to, working at, and necessary travel returning
from an accident, alarm of accident, or other duty to which his
ambulance department, ambulance company, or any unit thereof, either has
responded or would be required or authorized to respond, including
necessary travel during such work or incidental thereto.
b. While, within the state, personally assisting another ambulance
department, ambulance company, or any unit thereof, including, after his
services have been duly accepted, necessary travel to and returning from
such work and necessary travel during such work or incidental thereto.
c. While, within the state and pursuant to orders or authorization,
performing duties at the ambulance facility, or elsewhere, directly
related to; (1) the prevention of accidents or other disasters, or (2)
the delivery of emergency health care.
d. While, within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in ambulance duties,
attending a training school or course of instruction for ambulance
workers, or attending or participating in any noncompetitive training
program, including necessary travel directly connected therewith.
e. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, attending or participating in any
drill, parade, funeral, inspection or review in which his ambulance
department, ambulance company, or any unit thereof, is engaged,
including necessary travel directly connected therewith.
f. While, within the state and pursuant to orders or authorization,
attending or working at meetings of his ambulance department or
ambulance company, or any organized unit thereof, at the ambulance
facility or other regular or special headquarters of the department,
company or unit, including necessary travel directly connected therewith
other than travel to or returning from such meetings.
g. While, within the state and pursuant to orders or authorization,
working in connection with the construction, testing, inspection, repair
or maintenance of (1) the ambulance facility and the fixtures,
furnishings and equipment thereof, and (2) the ambulance vehicles,
ambulance apparatus and equipment used by the ambulance department,
ambulance company, or other unit thereof, including necessary travel
directly connected therewith other than travel to or returning from such
work.
h. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, practicing for, or participating as
a contestant or an official in, any competitive tournament, contest or
public exhibition conducted for ambulance workers which is intended to
promote the efficiency of the ambulance department, ambulance company or
any unit thereof, including necessary travel directly connected
therewith other than travel to and returning from such practice. The
actual rendition of ambulance or other emergency service shall not be
deemed "practicing" within the meaning of this paragraph.
i. While, pursuant to orders or authorization, engaged in the
inspection of ambulance vehicles and ambulance apparatus prior to
delivery under a contract of purchase, or performing duties in relation
to the delivery thereof, including necessary travel directly connected
therewith.
j. While, within this country or Canada and pursuant to orders or
authorization, attending a convention or conference of ambulance workers
or ambulance officers as the authorized delegate or representative of
his ambulance department, ambulance company or any unit thereof,
including necessary travel directly connected therewith.
k. While, within the state and pursuant to orders or authorization,
working in connection with a fund raising activity of his ambulance
company, including necessary travel directly connected therewith, but
shall not include competitive events in which volunteer ambulance
workers are competitors, such as baseball, basketball, football,
bowling, tugs of war, donkey baseball, donkey basketball, boxing,
wrestling, contests between bands or drum corps, or other competitive
events in which volunteer ambulance workers are competitors and which
involve physical exertion on the part of the competitors.
l. While, within the state, performing duties in an area other than
his or her own related to the delivery of emergency health care prior to
the arrival of the ambulance department, ambulance company, or any unit
thereof that is responsible for the provision of such care in that area,
provided that the volunteer ambulance workers' municipality, ambulance
department, ambulance company, or any unit thereof, adopts a resolution
granting coverage for such duties. Upon the arrival of the ambulance
department, ambulance company, or any unit thereof responsible for
emergency health care in the area, such volunteer ambulance worker shall
be entitled to benefits in the manner set forth in paragraph b of this
subdivision.
2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:
a. Work or service rendered by a volunteer ambulance worker while on a
leave of absence pursuant to the general municipal law or pursuant to
any other general, special or local law, charter or ordinance or
pursuant to the constitution, by-laws, rules or regulations applicable
to the ambulance company or ambulance department of which he is a
member.
b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for which coverage
is provided under paragraph k of subdivision one of this section.
c. Work or service rendered by a volunteer ambulance worker while
suspended from duty pursuant to any general, special or local law,
charter or ordinance or pursuant to the constitution, by-laws, rules or
regulations applicable to the ambulance company or ambulance department
of which he is a member.
d. Work or service not rendered as a volunteer ambulance worker, but
rendered as an officer, official or employee of a public corporation or
any special district thereof, whether with or without remuneration, even
though by law a requirement for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer ambulance worker.
e. Work or service not rendered as a volunteer ambulance worker, but
rendered in the course of his employment for a private employer.
f. Work, service or activities in which the volunteer ambulance worker
has been ordered not to participate.
This subdivision shall not be deemed to enumerate all of the
activities engaged in by volunteer ambulance workers for which mandatory
coverage is not provided by this chapter, or to prohibit any of the
activities described in this subdivision, or to prevent the securing of
insurance pursuant to section four thousand two hundred thirty-seven of
the insurance law to cover volunteer ambulance workers when engaged in
activities other than those for which mandatory coverage is provided by
this chapter.
Volunteer ambulance workers' benefits; general. If a volunteer
ambulance worker dies from the effects of injury in the line of duty, or
if such an ambulance worker shall be injured in line of duty, benefits
shall be paid and provided pursuant to this chapter, except that there
shall be no liability for such benefits when the injury has been solely
occasioned by intoxication of the volunteer ambulance worker while
acting in line of duty or by the wilful intention of the volunteer
ambulance worker to bring about the injury or death of himself or
another.
Death benefits. In the event of death the benefit shall be known
as a death benefit and shall be paid as follows:
1. The reasonable funeral expenses of the deceased volunteer ambulance
worker shall be paid in an amount not exceeding six thousand seven
hundred dollars. If such funeral expenses shall have been paid by a
person entitled to benefits under this section or by others, the funeral
expenses awarded shall be made payable to such beneficiary or others;
otherwise they shall be payable to the undertaker who provided the
burial. Funeral expenses shall be awarded in all death cases.
2. If there be a surviving spouse, to such spouse the lump sum of
fifty-six thousand dollars, but if there be no surviving spouse, then to
the executor or administrator of the estate of the volunteer ambulance
worker, the lump sum of fifty-six thousand dollars. Such sum shall be in
addition to any other benefits provided in this chapter and shall not be
diminished by benefits paid to the volunteer ambulance worker during his
lifetime. Any money paid to an executor or administrator pursuant to the
provisions of this subdivision shall be distributed in the manner
provided by the laws of this state for the distribution of the personal
property of an intestate decedent.
3. In the case of a death of a volunteer ambulance worker, on or after
the enactment of this chapter and prior to July first, nineteen hundred
ninety, if there be a surviving spouse and no surviving child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse six hundred sixty-five
dollars for each week until remarried, and upon such remarriage the lump
sum of sixty-nine thousand one hundred sixty-four dollars.
4. If any person under the age of eighteen years is an inmate of any
institution and a public charge upon the state or any political
subdivision, the benefits allowed hereunder shall be payable to the
state or political subdivision to the extent of the reasonable charges
for care and maintenance, during the continuance as a public charge in
such institution of such beneficiary and until he or she shall have
attained the age of eighteen years. Any sum or sums remaining after such
payments shall be distributed as provided in this section.
5. The term "dependent blind or physically disabled", as used in this
section in relation to dependent children, means totally blind or
physically disabled dependent children whose disablement is total and
permanent.
6. All questions of dependency shall be determined as of the time of
the injury.
7. The workers' compensation board may in its discretion require the
appointment of a guardian for the purpose of receiving benefits payable
to a minor child or a dependent blind or physically disabled child. In
the absence of such a requirement by such board the appointment of a
guardian for such purposes shall not be necessary.
8. In the case of a death of a volunteer ambulance worker, on or after
the effective date of this chapter and prior to July first, nineteen
hundred ninety, that results from services performed in the line of
duty, if there be a surviving spouse and a surviving child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse three
hundred sixty-six dollars for each week until remarried, and the
additional amount of three hundred dollars for each week for such child
or children, share and share alike, until the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or until the removal
of the dependency of the blind or physically disabled child or children.
In the case of the death of such surviving spouse, the surviving child
or children of the deceased ambulance worker, at the time under eighteen
years of age or under the age of twenty-five years who is enrolled as a
full time student in any accredited educational institution or dependent
through mental or physical infirmity, shall have his or her or their
benefit increased to six hundred sixty-five dollars for each week, share
and share alike, and the same shall be payable until he or she or they
shall reach the age of eighteen years or twenty-five years, as the case
may be, or until such dependent blind or physically disabled condition
shall have been removed. Upon the remarriage of such surviving spouse
prior to the statutory termination of benefits to all such children,
such spouse shall be paid the lump sum of thirty-eight thousand forty
dollars; and the surviving child shall continue to receive weekly
payments of three hundred dollars; if there be two surviving children,
each shall receive two hundred fifty dollars per week; and if there be
more than two surviving children, they shall receive six hundred
sixty-five dollars per week, share and share alike; and the same shall
be payable until he or she or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or physically disabled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to six hundred sixty-five dollars
for each week until such spouse remarries, and upon such remarriage,
such spouse shall be paid the lump sum of sixty-nine thousand one
hundred sixty-four dollars. In no event shall the total amount payable
for each week under this subdivision exceed six hundred sixty-five
dollars.
9. In the case of a death of a volunteer ambulance worker, on or after
the effective date of this chapter and prior to July first, nineteen
hundred ninety, that results from services performed in the line of
duty, if there be surviving a child or children of the deceased under
the age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent blind or physically disabled child or
children of any age, but no surviving spouse, for the support of such
child or children until the age of eighteen years or twenty-five years
as the case may be, or until the removal of the dependency of such blind
or physically disabled child or children, six hundred sixty-five
dollars, share and share alike, for each week; provided that the total
amount payable for each week under this subdivision shall not exceed six
hundred sixty-five dollars per week.
10. In the case of a death of a volunteer ambulance worker, on or
after the effective date of this chapter and prior to July first,
nineteen hundred ninety, that results from services performed in the
line of duty, if there be no surviving spouse or child of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred fifty dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased, if dependent upon the deceased at the
time of the injury, four hundred dollars for each week during such
dependency, but in no case shall the aggregate amount payable under this
subdivision exceed six hundred sixty-five dollars per week.
11. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be a surviving spouse and no surviving child of the
deceased under the age of eighteen or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution and no surviving child of any age dependent blind or
physically disabled, to such spouse seven hundred fifty-four dollars for
each week until remarried and upon such remarriage the lump sum of
seventy-eight thousand three hundred sixty-four dollars.
12. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be a surviving spouse and a surviving child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse four
hundred fifteen dollars for each week until remarried, and the
additional amount of three hundred thirty-nine dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to seven hundred fifty-four dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of forty-three thousand six dollars and the surviving child shall
continue to receive weekly payments of three hundred thirty-nine
dollars; if there be two surviving children, each shall receive two
hundred eighty-three dollars per week; and if there be more than two
surviving children, they shall receive seven hundred fifty-four dollars
per week, share and share alike; and the same shall be payable until he
or she or they shall reach the age of eighteen years or twenty-five
years, as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon statutory termination
of payments to all such children, the payments to the surviving spouse
shall be increased to seven hundred fifty-four dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of seventy-eight thousand three hundred sixty-four
dollars. In no event shall the total amount payable for each week under
this subdivision exceed seven hundred fifty-four dollars.
13. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be surviving a child or children of the deceased under
the age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent child or physically disabled child or
children of any age, but no surviving spouse, for support of such child
or children until the age of eighteen years or twenty-five years as the
case may be, or until removal of the dependency of such blind or
physically disabled child or children, seven hundred fifty-four dollars
share and share alike, for each week; provided that the total amount
payable for each week under this subdivision shall not exceed seven
hundred fifty-four dollars per week.
14. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be no surviving spouse or child of the deceased under the
age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution, or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred eighty-three dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, four hundred fifty-two dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed seven hundred fifty-four dollars per week.
15. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two that results from services performed in the
line of duty, if there be a surviving spouse and no surviving child of
the deceased under the age of eighteen or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse seven hundred seventy-six
dollars for each week until remarried and upon such remarriage the lump
sum of eighty thousand six hundred ninety-two dollars.
16. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be a surviving spouse and a surviving child or
children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse four
hundred twenty-seven dollars for each week until remarried, and the
additional amount of three hundred forty-nine dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to seven hundred seventy-six dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of forty-four thousand three hundred eighty dollars and the surviving
child shall continue to receive weekly payments of three hundred
forty-nine dollars; if there be two surviving children, each shall
receive two hundred ninety-one dollars per week; and if there be more
than two surviving children, they shall receive seven hundred
seventy-six dollars per week, share and share alike; and the same shall
be payable until he or she or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or physically disabled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to seven hundred seventy-six dollars
for each week until such spouse remarries and upon such remarriage such
spouse shall be paid the lump sum of eighty thousand six hundred
ninety-two dollars. In no event shall the total amount payable for each
week under this subdivision exceed seven hundred seventy-six dollars.
17. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be surviving a child or children of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or a dependent child or physically disabled child or
children of any age, but no surviving spouse, for support of such child
or children until the age of eighteen years or twenty-five years as the
case may be, or until removal of the dependency of such blind or
physically disabled child or children, seven hundred seventy-six dollars
share and share alike, for each week; provided that the total amount
payable for each week under this subdivision shall not exceed seven
hundred seventy-six dollars per week.
18. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be no surviving spouse or child of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution, or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred ninety-one dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, four hundred sixty-six dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed seven hundred seventy-six dollars per week.
19. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse eight hundred
eighty-seven dollars for each week until remarried and upon such
remarriage the lump sum of ninety-two thousand two hundred nineteen
dollars.
20. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse four hundred eighty-eight dollars for each week until
remarried, and the additional amount of four hundred dollars for each
week for such child or children, share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled as
a full time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled child
or children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to eight hundred eighty-seven dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of fifty thousand seven hundred twenty dollars and the surviving child
shall continue to receive weekly payments of four hundred dollars; if
there be two surviving children, each shall receive three hundred
thirty-three dollars per week; and if there be more than two surviving
children, they shall receive eight hundred eighty-seven dollars per
week, share and share alike; and the same shall be payable until he or
she or they shall reach the age of eighteen years or twenty-five years,
as the case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon statutory termination of
payments to all such children, the payments to the surviving spouse
shall be increased to eight hundred eighty-seven dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of ninety-two thousand two hundred nineteen
dollars. In no event shall the total amount payable for each week under
this subdivision exceed eight hundred eighty-seven dollars.
21. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent child or physically
disabled child or children of any age, but no surviving spouse, for
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until removal of the dependency
of such blind or physically disabled child or children, eight hundred
eighty-seven dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed eight hundred eighty-seven dollars per week.
22. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, three hundred thirty-three dollars
for each week for the support of each such person until the age of
eighteen years or twenty-five years as the case may be, and for the
support of each parent or grandparent of the deceased if dependent upon
the deceased at the time of the injury, five hundred thirty-two dollars
for each week during such dependency but in no case shall the aggregate
amount payable under this subdivision exceed eight hundred eighty-seven
dollars per week.
Date of death benefits. All weekly benefits payable under
section seven of this article shall accrue as of the date of death of
the volunteer ambulance worker. In the event that a person or persons
entitled to weekly benefits shall die before a determination is made on
the merits of their claim, and such determination on the merits is
ultimately in their favor, then all weekly benefits due from the date of
death of the volunteer ambulance worker up to the date of death of the
person or persons entitled to such weekly benefits shall be paid to the
executor or administrator of the estate of such person or persons.
Permanent total disability benefits. In the case of total
disability adjudged to be permanent the volunteer ambulance worker shall
be paid six hundred dollars for each week during the continuance
thereof. Permanent total disability, within the meaning of this section,
shall exist only if the earning capacity of the volunteer ambulance
worker has been lost permanently and totally as the result of the
injury. The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or any two thereof, shall, in the absence of
conclusive proof to the contrary, constitute permanent total disability,
but in all other cases permanent total disability shall be determined in
accordance with the facts. Notwithstanding any other provisions of this
chapter, an injured volunteer ambulance worker disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or both
feet, or both legs, or any two thereof shall not suffer any diminution
of such weekly benefit by engaging in business or employment provided
his or her weekly earnings or wages, when combined with his weekly
benefit shall not be in excess of eight hundred dollars; and further
provided that the application of this section shall not result in
reduction of benefits which an injured volunteer ambulance worker who is
disabled due to the loss or total loss of use of both eyes, or both
hands, or both arms, or both feet, or both legs, or any two thereof
would otherwise be entitled to under any other provisions of this
article.
Temporary total disability benefits. In the case of temporary
total disability the volunteer ambulance worker shall be paid three
hundred dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to June
thirtieth, nineteen hundred ninety; further provided, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety to June thirtieth, nineteen hundred
ninety-one, said ambulance worker shall receive three hundred forty
dollars per week during the continuance thereof, and further provided,
that when a volunteer ambulance worker is injured in the line of duty on
or after July first, nineteen hundred ninety-one to June thirtieth,
nineteen hundred ninety-two, said ambulance worker shall receive three
hundred fifty dollars per week during the continuance thereof; provided
further that when a volunteer ambulance worker is injured in the line of
duty on or after July first, nineteen hundred ninety-two to June
thirtieth, two thousand twenty-one, such ambulance worker shall be paid
four hundred dollars for each week during the continuance thereof;
provided further that when a volunteer ambulance worker is injured in
the line of duty on or after July first, two thousand twenty-one such
ambulance worker shall be paid six hundred fifty dollars for each week
during the continuance thereof. Temporary total disability, within the
meaning of this section, shall exist only if the earning capacity of the
volunteer ambulance worker has been lost temporarily and totally as the
result of the injury. In case of temporary total disability and
permanent partial disability both resulting from the same injury, if the
temporary total disability continues for a longer period than the number
of weeks set forth in the following schedule, the period of temporary
total disability in excess of such number of weeks shall be added to the
period provided in section ten of this chapter: arm, thirty-two weeks;
leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear,
twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
than great toe, eight weeks. In any case resulting in loss or partial
loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
where the temporary total disability does not extend beyond the periods
above mentioned for such injury, benefits shall be limited to the
schedule contained in section ten of this chapter.
Permanent partial disability benefits. 1. In the case of
disability partial in character, but permanent in quality, the volunteer
ambulance worker, injured in the line of duty shall be paid one hundred
fifty dollars for each week for the period specified in this
subdivision, provided, however, that when the volunteer ambulance worker
is injured in the line of duty on or after the effective date of this
chapter to and including June thirtieth, nineteen hundred ninety, and
provided further that when the volunteer ambulance worker is injured in
the line of duty on or after July first, nineteen hundred ninety to and
including June thirtieth, nineteen hundred ninety-one such payments
shall be two hundred eighty dollars for each week, and provided further
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-one to and including
June thirtieth, nineteen hundred ninety-two such payments shall be three
hundred fifty dollars for each week; and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-two such payments shall be four
hundred dollars for each week as follows:
a. Loss of member.
Member lost Number of weeks
Arm .................................................... 312
Leg .................................................... 288
Hand ................................................... 244
Foot ................................................... 205
Eye .................................................... 160
Thumb .................................................. 75
First finger ........................................... 46
Great toe .............................................. 38
Second finger .......................................... 30
Third finger ........................................... 25
Toe other than great toe ............................... 16
Fourth finger .......................................... 15
If more than one phalange of a digit shall be lost, the period shall be
the same as for the loss of the entire digit. If only the first phalange
shall be lost, the period shall be one-half the period for loss of the
entire digit. The period for loss or loss of use of two or more digits,
or one or more phalanges of two or more digits, of a hand or foot, may
be proportioned to the period for the loss of use of the hand or foot
occasioned thereby, but shall not exceed the period for the loss of a
hand or foot. If an arm or leg shall be amputated at or above the wrist
or ankle, the period for such loss shall be in proportion to the period
for the loss of the arm or leg. In the case of loss of binocular vision
or of eighty per centum or more of the vision of an eye, the period
shall be the same as for the loss of the eye.
b. Loss of hearing. In the case of the complete loss of the hearing of
one ear, sixty weeks; for the loss of hearing of both ears, one hundred
fifty weeks.
c. Total loss of use. In the case of permanent total loss of use of a
member, the compensation shall be the same as for the loss of the
member.
d. Partial loss or partial loss of use. Except as above provided in
this subdivision, in the case of permanent partial loss or loss of use
of a member, the period shall be for the proportionate loss or loss of
use of the member. Compensation for permanent partial loss of use of an
eye shall be awarded on the basis of uncorrected loss of vision or
corrected loss of vision resulting from an injury which ever is greater.
e. Disfigurement. In the case of serious facial or head disfigurement,
including a disfigurement continuous in length which is partly in the
facial area and also extends into the neck region as described in this
paragraph, the volunteer ambulance worker shall be paid in a lump sum a
proper and equitable amount, which shall be determined by the workers'
compensation board. If the earning capacity of the volunteer ambulance
worker shall have been impaired, or may in the future be impaired, by
any serious disfigurement in the region above the sterno clavicular
articulations anterior to and including the region of the sterno cleido
mastoid muscles on either side, the volunteer ambulance worker shall be
paid in a lump sum a proper and equitable amount which shall be
determined by such board. Two or more serious disfigurements, not
continuous in length, resulting from the same injury, if partially in
the facial area and partially in such neck region, shall be deemed to be
a facial disfigurement. An award, or the aggregate of the awards, to a
volunteer ambulance worker under this paragraph shall not exceed twenty
thousand dollars.
f. Total or partial loss or loss of use of more than one member. In
any case in which there shall be a loss or loss of use of more than one
member or parts of more than one member set forth above in paragraphs a
to e, both inclusive, of this subdivision, but not amounting to
permanent total disability, the periods for loss or loss of use of each
such member or part thereof shall run consecutively.
g. Other cases. In all other cases of permanent partial disability the
volunteer ambulance worker shall be paid for each week, during the
continuance thereof, as follows:
(1) If the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this
chapter to and including June thirtieth, nineteen hundred ninety,
provided, however, that when the volunteer ambulance worker is injured
in the line of duty on or after July first, nineteen hundred ninety to
and including June thirtieth, nineteen hundred ninety-one such payment
shall be two hundred eighty dollars for each week, and provided further
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-one to and including
June thirtieth, nineteen hundred ninety-two such payment shall be three
hundred fifty dollars for each week; and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-two such payments shall be four
hundred dollars for each week.
(2) If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, he or she shall be
paid one hundred dollars for each week, provided, however, that the
volunteer ambulance worker is injured in the line of duty on or after
the effective date of this chapter to and including June thirtieth,
nineteen hundred ninety, provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to and including June thirtieth, nineteen
hundred ninety-one, such payment shall be one hundred eighty-six dollars
and seventy-six cents for each week, provided, however, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen hundred ninety-two, such payment shall be two hundred
thirty-four dollars and fifty cents for each week; provided, however,
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-two, such payment shall
be two hundred sixty-eight dollars for each week.
(3) If the percentage of loss of earning capacity is twenty-five
percentum, or greater, but less than fifty per centum, he or she shall
be paid thirty dollars for each week.
(4) If the percentage of loss of earning capacity is less than
twenty-five per centum, he or she shall not be paid any weekly benefit.
Permanent partial disability, within the meaning of this paragraph,
shall exist only if the earning capacity of the volunteer ambulance
worker has been permanently and partially lost as the result of the
injury. The workers' compensation board shall determine the degree of
such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
2. An award made to a claimant under this section shall in case of
death arising from causes other than the injury be payable to and for
the benefit of the persons following:
a. If there be a surviving spouse and no child of the deceased under
the age of eighteen years, to such spouse.
b. If there be a surviving spouse and surviving child or children of
the deceased under the age of eighteen years, one-half shall be payable
to the surviving spouse and the other half to the surviving child or
children.
c. If there be a surviving child or children of the deceased under the
age of eighteen years, but no surviving spouse, then to such child or
children.
d. If there be no surviving spouse and no surviving child or children
of the deceased under the age of eighteen years, then to such dependent
or dependents as defined in section seven of this article, as directed
by the workers' compensation board; and if there shall be no such
dependents, then to the estate of such deceased in an amount not
exceeding reasonable funeral expenses as provided in subdivision one of
section seven of this article, or, if there be no estate, to the person
or persons paying the funeral expenses of such deceased in an amount not
exceeding reasonable funeral expenses as provided in such subdivision
one.
3. An award for disability may be made after the death of the
volunteer ambulance worker.
Temporary partial disability benefits. In the case of temporary
partial disability the volunteer ambulance worker shall be paid for each
week during the continuance thereof, as follows:
1. If the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this
chapter to and including June thirtieth, nineteen hundred ninety,
provided, however, that when the volunteer ambulance worker is injured
in the line of duty on or after July first, nineteen hundred ninety to
and including June thirtieth, nineteen hundred ninety-one, such payment
shall be two hundred eighty dollars for each week, provided, however,
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-one to and including
June thirtieth, nineteen hundred ninety-two, such payment shall be three
hundred fifty dollars for each week; and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-two such payments shall be four
hundred dollars for each week.
2. If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, he or she shall be
paid one hundred dollars for each week, provided, however, that the
volunteer ambulance worker is injured in the line of duty on or after
the effective date of this chapter to and including June thirtieth,
nineteen hundred ninety, provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to and including June thirtieth, nineteen
hundred ninety-one, such payment shall be one hundred eighty-six dollars
and seventy-six cents for each week, provided, however, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen hundred ninety-two, such payment shall be two hundred
thirty-four dollars and fifty cents for each week; provided, however,
that when the volunteer ambulance worker is injured in the line of duty
on or after July first, nineteen hundred ninety-two, such payment shall
be two hundred sixty-eight dollars for each week.
3. If the percentage of loss of earning capacity is twenty-five per
centum, or greater, but less than fifty per centum, he or she shall be
paid thirty dollars for each week.
4. If the percentage of loss of earning capacity is less than
twenty-five per centum, he or she shall not be paid any weekly benefit.
Temporary partial disability, within the meaning of this section,
shall exist only if the earning capacity of the volunteer ambulance
worker has been temporarily and partially lost as the result of the
injury. The workers' compensation board shall determine the degree of
such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
Repair or replacement of prosthetic devices. If, as a result
of services performed in line of duty, a volunteer ambulance worker
damages or loses any prosthetic devices required to be worn or used by
him, whether or not he is injured, such prosthetic device shall be
repaired, or replaced in the discretion of the workers' compensation
board, and necessary medical, surgical or other attendance or treatment,
nurse and hospital service, in connection therewith shall be furnished,
in the same manner as a prosthetic device would be furnished, replaced
or repaired and treatment and care provided under the provisions of
section sixteen of this article. Damage to or loss of a prosthetic
device shall be deemed an injury, except that no disability benefits
shall be payable with respect to such injury under sections eight, nine,
ten and eleven of this article. The term "prosthetic device" as used in
this section includes an artificial limb, artificial eye, eyeglasses,
contact lens, hearing aid, denture or dental appliance or any surgical
appliance required to be worn or used by the volunteer ambulance worker,
but shall not include shoes or any other article considered as ordinary
wearing apparel, whether or not specially constructed.
Hazardous exposures. If, as a result of services performed in
line of duty, a volunteer ambulance worker is exposed to or comes in
contact with any poisons, gases, x-rays, radium, radioactive materials
or other potentially harmful substances or matter, the captain or other
executive officer of the ambulance department, volunteer ambulance
company or ambulance district of which he is a member may authorize the
volunteer ambulance worker to obtain such examinations, tests, treatment
and care as are immediately necessary to determine whether he is
injured. Any such authorization may be granted prior to the giving of a
notice of injury under this chapter. In any such case, the volunteer
ambulance worker shall be deemed to have been injured and shall be
entitled to treatment and care and disability benefits as provided in
this chapter.
Medical examination of volunteer ambulance workers to detect
and identify the human immunodeficiency virus (HIV). 1. Whenever a
volunteer ambulance worker has been exposed to a significant risk of
transmission of the human immunodeficiency virus (HIV) while performing
services in the line of duty, the executive officer of the ambulance
company of which the volunteer ambulance worker is a member shall
authorize such volunteer ambulance worker to obtain an appropriate
medical examination to determine if such volunteer ambulance worker has
been exposed to or infected with the human immunodeficiency virus (HIV).
Such medical examination of a volunteer ambulance worker shall be
authorized within eight hours of notification to the executive officer
of the ambulance company of which such volunteer ambulance worker is a
member of an incident that has created an exposure risk to the volunteer
ambulance worker.
2. Should it be determined by the examining physician or other
attending health care worker that a significant risk of transmission has
occurred, or should any medical examination conclude that a volunteer
ambulance worker has been exposed to or infected with human
immunodeficiency virus (HIV), then such volunteer ambulance worker shall
be offered counseling and additional testing, as appropriate and
consistent with treatment guidelines issued by the commissioner of
health. Such counseling may include a discussion of the risk of the
transmission of the human immunodeficiency virus (HIV) from the exposure
the volunteer ambulance worker may have experienced and the spectrum of
tests commercially available for the prompt and reliable diagnosis of
such infection. Information from any such medical examination of a
volunteer ambulance worker shall be confidential information pursuant to
article twenty-seven-F of the public health law and shall not be made
available to the ambulance company without the written authorization of
the affected volunteer ambulance worker.
3. Payment for medical examinations, additional testing, treatment
services, counseling services, and any other additional services
provided pursuant to this section shall be a covered benefit under this
chapter.
4. For the purposes of this section, the term "significant risk of
transmission" means the alleged conduct or actions taken by a victim or
patient or any other action, situation or event that occurs while a
volunteer ambulance worker is performing services in the line of duty
that has created a recognized and significant risk of infection of a
volunteer ambulance worker with the human immunodeficiency virus (HIV),
as determined by the commissioner of health, consistent with guidelines,
protocols, and findings of the United States centers for disease control
and prevention.
5. For purposes of this section, the term "medical examination"
includes a physical examination or test performed by a physician or
other appropriate health care worker to determine if a volunteer
ambulance worker has been exposed to or infected by the human
immunodeficiency virus (HIV). Tests may include, but not be limited to,
the most accurate, sensitive, and timely tests available used for the
early identification of the human immunodeficiency virus (HIV).
6. The commissioner of health shall issue guidelines to facilitate the
identification of circumstances potentially exposing a volunteer
ambulance worker to a significant risk of transmission of the human
immunodeficiency virus (HIV). Such guidelines shall be consistent with
criteria accepted by the federal centers for disease control and
prevention. Such guidelines shall also provide information regarding
related counseling and testing procedures available to such individuals.
7. Any information gathered pursuant to the provisions of this section
which is deemed confidential under any other provision of law shall be
treated in a confidential manner.
Nonschedule adjustments. Notwithstanding any other provision of
this chapter, in any case coming within the provisions of sections ten
and eleven of this article, in which the right to benefits has been
established and benefits have been paid for not less than three months,
in which the continuance of disability cannot be ascertained with
reasonable certainty, the workers' compensation board may, in the
interest of justice, approve a nonschedule adjustment agreed to between
the claimant and the political subdivision liable for the payment of
benefits or its insurance carrier. The provisions of subdivision five-b
of section fifteen of the workers' compensation law shall apply in any
such case.
Reclassification of disabilities. Subject to the limitations in
section fifty-one of this chapter and in section one hundred
twenty-three of the workers' compensation law as made applicable to this
chapter by section fifty-seven of this chapter, the workers'
compensation board may at any time, without regard to the date of the
injury, upon its own motion, or on application of any party in interest,
reclassify a disability upon proof that there has been a change in
condition, or that the previous classification was erroneous and not in
the interest of justice.
Previous disability. The fact that a volunteer ambulance worker
has suffered previous disability or received benefits therefor as
provided in the workers' compensation law, or this chapter shall not
preclude him from benefits for a later injury nor preclude death
benefits for death resulting therefrom; provided, however, that a
volunteer ambulance worker who is suffering from a previous disability
shall not receive benefits for a later injury in excess of the benefits
allowed for such injury when considered by itself and not in conjunction
with the previous disability. Notwithstanding the foregoing provisions
of this section, if a volunteer ambulance worker has previously incurred
permanent partial disability through the loss or loss of use of one
hand, one arm, one foot, one leg, or one eye, and suffers the loss or
loss of use of another such major member or eye, he may be adjudged
permanently totally disabled and receive benefits for permanent total
disability as provided in section eight of this article.
Expense for rehabilitating injured volunteer ambulance workers.
A volunteer ambulance worker, who as a result of injury is or may be
expected to be totally or partially incapacitated for a remunerative
occupation and who, under the direction of the state education
department is being rendered fit to engage in a remunerative occupation,
may receive such additional financial benefit necessary for his
rehabilitation as the workers' compensation board shall determine. Not
more than thirty dollars per week of such additional amount shall be
expended for maintenance. Such expense and such of the administrative
expenses of the state education department as are properly assignable to
the expenses of rehabilitating such volunteer ambulance workers shall be
paid out of the vocational rehabilitation fund created pursuant to
subdivision nine of section fifteen of the workers' compensation law.
Any such volunteer ambulance worker for the purposes of such fund shall
be considered an employee of the political subdivision or volunteer
ambulance company liable for the payment of benefits to such volunteer
ambulance worker under this chapter and such "employer" or its insurance
carrier, as the case may be, shall make the same financial contribution
to such fund as required by subdivision nine of section fifteen of the
workers' compensation law in every case of injury causing death of a
volunteer ambulance worker in which there are no persons entitled to
financial benefits under this chapter other than (1) funeral expenses
and (2) the death benefit provided in subdivision two of section seven
of this article.
Treatment and care. A volunteer ambulance worker injured in line
of duty shall be entitled to receive medical, surgical, podiatric,
chiropractic, psychological and other attendance and treatment, nurse
and hospital service, medicine, crutches, artificial members, devices,
appliances, and apparatus, including the replacement and repair thereof,
for such period as the nature of the injury or the process of recovery
may require and the political subdivision or volunteer ambulance company
liable for the payment of benefits to the volunteer ambulance worker
under this chapter because of such injury shall be liable therefor and
the cost thereof shall be audited, raised and paid as provided in
section thirty of this chapter. The provisions of sections thirteen to
thirteen-m, both inclusive, and sections nineteen to nineteen-b, both
inclusive, of the workers' compensation law, to the extent that such
provisions are not inconsistent with this chapter, shall be applicable
in relation to any injured volunteer ambulance worker, political
subdivision and third persons as fully as if set forth in this chapter.
Noncitizens. Financial benefits payable under this chapter to
noncitizens not residents or about to become nonresidents of the United
States or Canada shall be in the same amount as provided for residents,
except that dependents in any foreign country shall be limited to
surviving spouse and child or children, or, if there be no surviving
spouse or child or children, to the surviving father or mother whom the
volunteer ambulance worker has supported, either wholly or in part, for
a period of one year prior to the date of the injury.
Disposition of accrued benefits upon death. Except as otherwise
provided in section ten of this article, in the case of the death of an
injured volunteer ambulance worker to whom there was due at the time of
his death any benefits under the provisions of this chapter, the amount
of such benefits shall be payable to the surviving spouse, if there be
one, or, if none, to the surviving child or children of the deceased
under the age of eighteen years, and if there be no surviving spouse or
children, then to the dependents of such deceased or to any of them as
the workers' compensation board may direct, and if there be no surviving
spouse, children or dependents of such deceased, then to his estate. An
award for disability may be made after the death of an injured volunteer
ambulance worker.
Exclusiveness of remedy. The benefits provided by this chapter
shall be the exclusive remedy of a volunteer ambulance worker, or his
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 ambulance
worker in line of duty or death resulting from an injury to a volunteer
ambulance worker in line of duty, as against (1) the political
subdivision or volunteer ambulance company liable for the payment of
such benefits, (2) the political subdivision regularly served by the
ambulance company of which the volunteer ambulance worker is a member,
whether or not pursuant to a contract for ambulance services, even
though any such political subdivision is not liable for the payment of
such benefits in the circumstances, and (3) any person or company 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 ambulance worker, or his executor or administrator.
Other remedies of volunteer ambulance workers; subrogation. The
provisions of section twenty-nine of the workers' compensation law to
the extent that such provisions are not inconsistent with the provisions
of this chapter, shall be applicable as fully as if set forth in this
chapter.
Assistance to other states, the Dominion of Canada, property
ceded to the federal government and to Indian reservations. 1. Whenever
an ambulance company or ambulance department in this state shall answer
a call to furnish assistance to any political subdivision or territory
of another state of the United States or of the Dominion of Canada, or
property ceded to the federal government, the provisions of this chapter
shall apply with respect to the volunteer ambulance workers of such
ambulance company or department, while such assistance is being rendered
or while going to or returning from the place from where the assistance
is to be or was rendered, to the same extent and in the same manner as
if such service had been rendered in or for the area regularly served by
such volunteer ambulance workers; provided, however, that there shall be
deducted from any amounts payable under this chapter any amounts
recoverable by or payable to any such volunteer ambulance worker under
the laws applicable in the political subdivision or territory for which
the call for assistance was made.
2. The provisions of this chapter shall apply with respect to
volunteer ambulance workers of ambulance departments and ambulance
companies of other states of the United States and of the Dominion of
Canada who render service in this state in answer to a call for
assistance to the territory regularly served by an ambulance department
or ambulance companies described in subdivisions one to five, inclusive,
of section thirty of this chapter and, for the purposes of determining
liability for benefits under this chapter, any such volunteer ambulance
worker shall be considered as a volunteer member of the ambulance
department or ambulance company of the territory for which service has
been rendered in this state pursuant to a call for assistance; provided
that the laws of the state served by such volunteer ambulance workers,
ambulance departments or ambulance companies, or of the Dominion of
Canada, as the case may be, contain provisions under which benefits are
granted in relation to volunteer ambulance workers of this state who are
killed or injured when rendering service in such other states, or the
Dominion of Canada, as the case may be, in answer to a call for
assistance; provided, however, that there shall be deducted from any
amounts payable under the provisions of this chapter to a volunteer
ambulance worker of such other states or of the Dominion of Canada, any
amounts recoverable by or payable to such volunteer ambulance worker
under the laws of the state served by such volunteer ambulance worker or
of the Dominion of Canada, as the case may be.
3. Whenever an ambulance company or ambulance department in this state
shall answer a call for assistance to be rendered to any part of an
Indian reservation the provisions of this chapter shall apply with
respect to the volunteer ambulance workers of such ambulance company or
department, while such assistance is being rendered or while going to or
returning from the place from where the assistance is to be or was
rendered, to the same extent and in the same manner as if such service
had been rendered in or for the area regularly served by such volunteer
ambulance workers.
Revenues and benefits from sources other than this chapter. 1.
Benefits, savings or insurance of the injured or deceased volunteer
ambulance worker, or insurance carried for his benefit under subsection
(a) of section four thousand two hundred thirty-seven of the insurance
law, shall not be considered in determining the benefits to be paid and
provided under this chapter, nor shall such benefits be diminished or
reduced by reason of the payment to an injured volunteer ambulance
worker of salary, wages or other remuneration by any political
subdivision liable for the payment of such benefits.
2. Benefits received from any political subdivision pursuant to
service award payments authorized by article eleven-AA of the general
municipal law shall not be considered in determining the benefits to be
paid and provided under this chapter.
Assignments, exemptions. Benefits payable under this article
shall not be assigned, released or commuted, except as provided by this
chapter, and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt, which exemption may not be waived. Such benefits shall be paid
only to volunteer ambulance workers or their dependents except as
otherwise provided in this chapter.
Waiver agreements. No agreement or release by a volunteer
ambulance worker, or, in the case of death, the dependents of a deceased
volunteer ambulance worker, to waive his or her right to benefits under
this chapter shall be valid, except as provided in section thirty-two of
the workers' compensation law or otherwise in this chapter.
Limitation of time. No limitation of time provided in this
chapter shall run as against any person who is mentally incompetent or a
minor so long as he has no committee or guardian.
ARTICLE 3 Liability For Benefits; Insurance
Liability for and payment of benefits. Except as otherwise
provided in article five of the workers' compensation law and in section
twenty-one of this chapter:
1. If at the time of injury the volunteer ambulance worker was a
member of an ambulance company of a county, city, town, village or
ambulance district ambulance department, any benefit under this chapter
shall be a county, city, town, village or ambulance district charge, as
the case may be, and any claim therefor shall be audited in the same
manner as other claims against the county, city, town, village or
ambulance district and the amount thereof shall be raised and paid in
the same manner as other county, city, town, village or ambulance
district charges.
2. If at the time of injury the volunteer ambulance worker was a
member of an ambulance company incorporated under the not-for-profit
corporation law, or any other law, and located in a city, village, or
ambulance district, protected under a contract by the ambulance
department or ambulance company of which the volunteer ambulance worker
was a member, any benefit under this chapter shall be a city, village or
ambulance district charge, as the case may be, and any claim therefor
shall be audited in the same manner as other claims against the city,
village or ambulance district and the amount thereof shall be raised and
paid in the same manner as other city, village or ambulance district
charges.
3. If at the time of injury the volunteer ambulance worker was a
member of a voluntary ambulance service as defined in subdivision three
of section three thousand one of the public health law, registered
pursuant to the provisions of section three thousand four of the public
health law or certified pursuant to the provisions of section three
thousand six of the public health law and organized as an unincorporated
association or duly incorporated under the laws of this state not
protected under a contract by the county, city, town, village or
ambulance district, any benefit under this chapter shall be a voluntary
ambulance service charge and any claim therefor shall be audited in the
same manner as other claims against the voluntary ambulance service and
the amount thereof shall be raised and paid in the same manner as other
voluntary ambulance service charges. No charge shall be made against a
voluntary ambulance service that does not have coverage under this
chapter.
4. If at the time of injury the volunteer ambulance worker was a
member of an ambulance company incorporated under the not-for-profit
corporation law, or any other law, and located outside of a city,
village or ambulance district any benefit under this chapter shall be a
town charge and any claim therefor shall be audited and paid in the same
manner as town charges and the amount thereof raised upon the property
liable to taxation in such outside territory protected by such ambulance
company in the same manner as town charges therein are raised.
5. If at the time of injury the volunteer ambulance worker was a
member of an ambulance company or ambulance department operating in, or
maintained jointly by two or more villages, or two or more towns, or two
or more ambulance districts, any benefit under this chapter shall be a
charge against such villages, towns or ambulance districts, in the
proportion that the full valuation of taxable real estate in each bears
to the aggregate full valuation of the taxable real estate of all such
villages, towns or ambulance districts and the amount thereof shall be
audited, raised and paid in the same manner as other village, town or
ambulance district charges. Full valuation shall be determined by
dividing the assessed valuations of taxable real estate of each such
village, town or ambulance district as shown by the latest completed
assessment roll of the village, town or ambulance district by the
equalization rate established by the authorized state agency or officer
for such roll; provided, however, in a county having a county department
of assessment the full valuation in towns and ambulance districts shall
be determined by applying the state equalization rate established for
the town, or the town in which the ambulance district is located, to the
appropriate portion of the last completed county roll.
6. Any political subdivision may finance the payment of any benefits
to be paid and provided under this chapter by the issuance of serial
bonds or capital notes pursuant to the local finance law unless it is
required by some law, other than this chapter, to pay such benefits from
current funds.
7. Any political subdivision may contract for insurance indemnifying
against the liability imposed by this chapter and the cost of such
insurance shall be audited, raised and paid in the same manner as
benefits are required to be audited, raised and paid in this section.
8. Insurance authorized to be purchased pursuant to subdivision seven
of this section may be secured from the state fund or any stock
corporation, mutual corporation, group self-insurers or reciprocal
insurer authorized to transact the business of workers' compensation in
this state. If such insurance is not secured, the political subdivision
liable shall be deemed to have elected to be a self-insurer unless it is
a participant in a county plan of self-insurance or its liability for
benefits under this chapter is covered by a town's participation in a
county plan of self-insurance as provided in subdivision nine of section
sixty-three of the workers' compensation law or is a participant in a
public group self-insurance plan established under subdivision three-a
of section fifty of the workers' compensation law. Every such
self-insurer shall file with the chair of the workers' compensation
board a notice of such election prescribed in form by such chair. For
failure to file such notice within ten days after such election is made,
the treasurer or other fiscal officer of such political subdivision
shall be liable to pay to the chair of the workers' compensation board
the sum of one hundred dollars as a penalty, to be transferred to the
state treasury. A notice of election to be a self-insurer for
compensation and benefits to volunteer ambulance workers under the
provisions of the workers' compensation law and the general municipal
law in effect prior to March first, in the year of enactment of this
chapter, which was filed prior to such date pursuant to the provisions
of subdivision four of section fifty of the workers' compensation law as
in effect prior to such date shall be deemed to be a notice of election
filed under this section unless the chair of the workers' compensation
board is notified to the contrary. The provisions of subdivision five of
section fifty of the workers' compensation law shall be applicable to
such self-insurers.
9. The governing board of a political subdivision liable for the
payment of such benefits may authorize the treasurer or other fiscal
officer thereof to pay the financial benefits provided for in this
chapter to the person entitled thereto without waiting for an award in
any case in the manner provided in section forty-nine of this chapter.
The amount payable prior to an award pursuant to such authorization
shall constitute a settled claim within the meaning of the local finance
law.
10. A contract for ambulance service, for the purposes of this
section, shall be deemed in full force and effect if negotiations are
pending for the renewal thereof.
11. Where a city, village, ambulance district or town is furnished
service by an ambulance company, ambulance department, or any unit
thereof pursuant to a contract entered into prior to the enactment date
of this chapter with another city, village, ambulance district, or an
incorporated ambulance company having its headquarters outside the city,
village or ambulance district receiving such service and the liability
for benefits under this chapter in relation to volunteer ambulance
workers rendering such service pursuant to such contract on and after
the enactment date of this chapter is not covered pursuant to a county
self-insurance plan pursuant to section sixty-three of the workers'
compensation law, the contract may be amended after a public hearing
held in the manner provided by law for the amendment of any such
contract, or at the option of the contracting parties without a public
hearing, to provide for payment by the city, village or ambulance
district receiving such service to the city, village, ambulance district
or town in which such incorporated ambulance company has its
headquarters, of a sum in addition to the amount to be paid for such
service pursuant to the contract, to provide for any increase in cost,
or new or added cost, to such city, village, ambulance district or town
for insurance coverage for liability for benefits under this chapter on
and after the enactment date of this chapter, by reason of the service
rendered pursuant to such contract. Where such service is received
pursuant to a contract entered into prior to the enactment date of this
chapter with an incorporated ambulance company having its headquarters
outside the city, village or ambulance district receiving such service,
then whether or not such contract is amended as provided in this
section, or a contract entered into on or after the enactment date of
this chapter so provides, a city, village or ambulance district
receiving such service on and after the enactment date of this chapter
pursuant to a contract, shall pay to the city, village, ambulance
district or town in which such incorporated ambulance company has its
headquarters a sum in addition to the amount to be paid for such service
pursuant to the contract, to provide for any increase in cost, or new or
added cost, to such city, village, ambulance district or town for
insurance coverage for the liability for benefits under this chapter on
and after the enactment date of this chapter by reason of the service
rendered pursuant to such contract. Any such additional sum so paid
shall not be subject to division with a volunteer ambulance company as
otherwise provided by law in the case of contracts for such service.
The insurance contract. 1. The provisions of subdivisions one,
two, four, five and seven of section fifty-four of the workers'
compensation law, in relation to the insurance contract, which are not
inconsistent with this chapter, shall be applicable as fully as if set
forth herein. The insurance carrier shall be a party to all hearings and
determinations by the workers' compensation board or the courts and
shall have the right to raise or plead any defense available to the
political subdivision liable in the first instance for the benefits to
be paid and provided by this chapter.
2. A contract of insurance indemnifying against the liability imposed
by this chapter issued by an insurance carrier to a county or a town and
in force on or after the enactment date of such chapter, shall contain a
provision reading as follows: "This contract does not provide (a) any
coverage under the Workers' Compensation Law or the Volunteer Ambulance
Workers' Benefit Law for which any ambulance district would be liable
under such laws, (b) any workers' compensation benefits for ambulance
district officers and employees for which any ambulance company would be
liable under the Workers' Compensation Law, or (c) any volunteer
ambulance workers' benefits for any volunteer ambulance workers' for
which any ambulance district would be liable under the Volunteer
Ambulance Workers' Benefit Law." The foregoing provision does not apply
in relation to volunteer ambulance workers' benefit coverage and
volunteer ambulance workers' benefits provided for and in relation to
the following named ambulance districts which have expressly requested
coverage under this contract pursuant to the provisions of section
thirty-two of this article, to wit: (If there are no exceptions, enter
"No exceptions").
3. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect on or after March first,
next succeeding the enactment date of this chapter, and any renewal
thereof, (a) shall be a separate and distinct contract, (b) shall not be
attached as an endorsement or rider to, or in any other way form a part
of, a workers' compensation insurance contract, (c) shall not have
attached thereto any endorsement or rider covering any liability under
the workers' compensation law and (d) shall not be on a contract form
used by the insurance carrier for the purpose of insuring employers
against liabilities imposed by the workers' compensation law, or is
attached to any such form as an endorsement or rider.
4. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect prior to the enactment
date of such chapter, shall not be renewed to continue in effect on or
after March first, in the year of the enactment of this chapter, if (a)
it is attached as an endorsement or rider to, or in any other way forms
a part of, a workers' compensation insurance contract, (b) it has
attached thereto any endorsement or rider covering liability under the
workers' compensation law or (c) it is on a contract form used by the
insurance carrier for the purpose of insuring employers against
liabilities imposed by the workers' compensation law, or is attached to
any such form as an endorsement or rider.
Group insurance. 1. Notwithstanding any provision of section
thirty of this article, any town may contract for a single policy of
insurance indemnifying (a) all ambulance districts wholly within such
town which are liable for the payment of benefits under this chapter,
(b) all territory within such town outside cities, villages and
ambulance districts which is liable for the payment of benefits under
this chapter, and (c) the town in relation to such ambulance districts,
and outside territory, against liability imposed by this chapter. If a
town has any such liability and contracts for such a single policy, then
and in that event only any such policy, if requested by the board of
trustees of any village wholly within the town, or by the board of
ambulance commissioners of any ambulance district wholly within the
town, shall also indemnify such village or ambulance district against
such liability. The cost of such insurance shall be a town charge and
shall be levied and collected in the same manner as other town charges
only in the territory of such town which is liable for the payment of
benefits under this chapter and which is outside of any village and
ambulance districts not covered by such a policy. Nothing in this
section contained shall impose any additional liability on any town for
any benefit payments in relation to volunteer ambulance workers.
2. Notwithstanding any other provision of section thirty of this
article, any group of cities, villages, ambulance districts or town
boards acting for and on behalf of ambulance districts or territories
outside any such municipal corporations or districts which are liable
for the payment of benefits under this chapter, all of which cities,
villages, districts and territories are located in whole or in part
within one county, may elect by resolution of the governing board of
each member of the group to be insured against liability imposed by this
chapter, as a group under a single policy. Such resolutions shall be
filed with the chairman of the board of supervisors. The group shall
file with the chairman of the board of supervisors an agreement, signed
by the officer of the governing body designated by such resolution,
agreeing to the effective date of such policy and to the population of
each such city, village, ambulance district and such territory outside
any such municipal corporation or district, and, if any such ambulance
district lies wholly or partly within two or more towns, the population
of the district within each such town. The population shall be that
which is shown by the latest federal census, or, if not shown by such
census, then as estimated. The estimate used for any village, district
or other area in a town plus the estimated or actual population of all
other villages, districts and areas in such town shall not exceed the
population of such town as shown by the latest federal census. It shall
be the duty of the chairman of the board of supervisors of the county,
upon the filing of such resolutions and agreement, promptly to contract
for insurance indemnifying against the liability imposed by this chapter
in the manner provided in section thirty of this article. Except by
mutual consent of the participating members, a member may withdraw from
such a group only upon the anniversary date of the policy, and then only
upon thirty days' notice of withdrawal by mail to the chairman of the
board of supervisors. The cost of such insurance shall be apportioned by
the clerk of the board of supervisors of the county to each such city,
village, ambulance district and such territory outside such municipal
corporations and districts, in the proportion that the agreed population
bears to the entire population of the group. Refunds, dividends and
discounts in relation to such insurance shall be distributed or credited
according to the same apportionment. Upon notification by the clerk of
the board of supervisors, the chief fiscal officer of each such city,
village or ambulance district shall pay to the county treasurer, from
moneys available or made available, the amount apportioned to such city,
village or district. Upon like notification, the supervisor of each town
in which such ambulance district is located in whole or in part, or in
which such outside territory is located, shall pay to the county
treasurer the amount apportioned for such district, in whole or in part,
or territory, as the case may be, using moneys raised or made available
for the purposes of ambulance service in such district or outside
territory, or if there be no such moneys or insufficient moneys, using
funds of the town available or made available, which funds shall be a
charge upon such district or territory for which the town shall be
reimbursed. The county treasurer shall pay the cost of such insurance
with such moneys, or if any apportioned share has not been paid, the
county treasurer shall advance the amount necessary from moneys of the
general fund upon resolution of the board of supervisors. Any such
advance shall be repaid as soon as moneys are available therefor. If
any apportioned share remains unpaid, the county may recover the same by
action at law. If any member of the group shall fail to pay its
apportioned share within thirty days after notice that such amount has
become due and payable, the chairman of the board of supervisors may
terminate the participation of such member in the group by notice by
mail to such member on a date specified in the notice, and a copy of
such notice shall be filed by the chairman of the board of supervisors
with the insurance carrier, who shall notify the chairman of the
workers' compensation board of the termination of coverage in the same
manner as provided for cancellation of policy under subdivision five of
section fifty-four of the workers' compensation law. If any village or
ambulance district is located in two or more counties, it may elect to
join such a group in one of such counties. If any ambulance district
includes territory in more than one county, it shall become a
participant only if all the town boards acting for and on behalf of such
district shall have elected that such district shall become a
participant in such a group, and in such case such town boards shall
elect as to which county group it shall join. If any participating
ambulance district includes territory in more than one town, whether or
not in more than one county, the amount of cost of insurance, refund,
dividend or discount apportioned to such district shall be apportioned
in the proportion that the population of the district within each such
town bears to the population of the entire district. The figure used for
population in such case shall be the one stated in the agreement. If
the boundaries of any city, village, ambulance district or such outside
territory in the group shall be changed during the effective period of
any such insurance policy, or if there are changes in the membership of
the group, the agreement heretofore mentioned concerning population
shall be appropriately amended by a supplementary agreement to be
executed and filed in the same manner as the original agreement, in
which case the coverage of the policy and the apportionment of the cost
thereof shall be changed accordingly.
3. Each policy issued pursuant to subdivisions one and two of this
section shall identify clearly each city, town, village, or ambulance
district and outside territory covered thereby.
ARTICLE 4 Procedure
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.
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 chairman 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 article. The
right of a volunteer ambulance worker or his 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 ambulance worker or his 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 ambulance worker, 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 ambulance worker or to
his dependents in case of death shall be barred by the failure of the
volunteer ambulance worker or his 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.
Reports of injuries, claims and proceedings. If an injury is one
for which an insurance carrier might be liable under a contract of
insurance or a county plan of self-insurance might be required to pay,
the officer to whom a notice of injury is required to be delivered or
mailed and with whom the claim in relation to such injury is required to
be filed under the provisions of this chapter shall send a copy of such
notice and claim and a copy of any notice of a proceeding relating to an
injury or claim to such insurance carrier or county plan of
self-insurance, as the case may be, promptly after receiving the same.
The political subdivision or volunteer ambulance company liable for the
payment of benefits under this chapter shall keep such records and make
such reports to the chairman of the workers' compensation board as
required by section one hundred ten of the workers' compensation law,
which by section fifty-seven of this article is made applicable to this
chapter. Failure to comply with the provisions of this section shall not
relieve such an insurance carrier of liability or a county plan of
self-insurance from its obligation to pay.
Determination of claims for benefits. The provisions of section
twenty of the workers' compensation law shall be applicable as fully as
if set forth in this chapter, except that the waiting period of seven
days for the presentation of claims for benefits shall not apply to the
presentation of claims for benefits under this chapter.
Presumptions. If a claim for benefits is filed within two years
after the injury, or, if death results therefrom, is filed within two
years after such death, as provided in section forty-one of this
article, then in any proceeding for the enforcement of such claim, it
shall be presumed in the absence of substantial evidence to the
contrary:
1. That the claim comes within the provisions of this chapter.
2. That sufficient notice thereof was given.
3. That the injury was not occasioned by the wilful intention of the
injured volunteer ambulance worker to bring about the injury or death of
himself or another.
4. That the injury did not result solely from the intoxication of the
injured volunteer ambulance worker while acting in line of duty.
5. That the contents of medical and surgical reports introduced in
evidence by claimants for benefits shall constitute prima facie evidence
of fact as to the matter contained therein.
Modification of awards, decisions or orders. The provisions of
section twenty-two of the workers' compensation law shall be applicable
as fully as if set forth in this chapter.
Appeals. The provisions of section twenty-three of the workers'
compensation law shall be applicable as fully as if set forth in this
chapter except that reimbursement following modification or recession
upon appeal shall be paid from administration expenses as provided by
section sixty of this article.
Costs and fees. The provisions of section twenty-four of the
workers' compensation law shall be applicable as fully as if set forth
in this chapter.
Representation before the workers' compensation board. The
provisions of section twenty-four-a of the workers' compensation law
which are not inconsistent with the provisions of this chapter shall be
applicable as fully as if set forth in this chapter.
Benefits; how payable. Except as otherwise provided in
subdivisions one and two of section seven of this chapter, benefits
under this chapter shall be paid in the manner provided in section
twenty-five of the workers' compensation law. The provisions of such
section twenty-five, other than those relating to welfare, pension or
benefit plans, agreements and trusts, shall be applicable as fully as if
set forth in this chapter.
Payments pending controversies. In order that the benefits to be
paid and provided under this chapter shall be paid promptly where such
benefits are conceded to be due to any person because of the death of or
injuries to a volunteer ambulance worker, but controversy exists as to
which political subdivision or volunteer ambulance company is liable for
the payment thereof, the municipal corporations, volunteer ambulance
companies and ambulance districts involved in such controversy and their
insurance carriers, if any, may agree that any one or more of such
municipal corporations, volunteer ambulance company or ambulance
districts or its insurance carrier shall pay or provide the benefits to,
or in relation to, the person conceded to be entitled to such benefits
without waiting for a final determination of the controversy, and may
carry out the provisions of such an agreement. Notwithstanding any such
payment, any party to the agreement may seek a final determination of
the controversy in the same manner as if such benefits had not been paid
or provided and any such payment or provision of benefits shall not
prejudice any rights of the political subdivision, volunteer ambulance
company or its insurance carrier paying or providing the same, nor be
taken as an admission against interest. After a final determination the
parties to the agreement shall make any necessary and proper
reimbursement to conform to the determination.
Fund for reopened cases. 1. The provisions of section
twenty-five-a of the workers' compensation law shall be applicable as
fully as if set forth in this chapter, except that, other than with
respect to the annual assessment under such section, payments to an
executor or administrator of the estate of a volunteer ambulance worker
pursuant to subdivision two of section seven of this chapter shall not
constitute payment of benefits for the purpose of determining the amount
of the payment to the fund for reopened cases. Benefits paid to
volunteer ambulance workers and other persons entitled to benefits under
this chapter from the fund for reopened cases shall be in accordance
with the provisions of this chapter.
2. The insurance carrier or entity responsible for payment of benefits
paying such benefit increase shall claim for such benefit increase
reimbursement from the special fund for reopened cases commencing one
year from the date of the first such payment and annually thereafter
while such payments continue, on a form prescribed by the chair.
3. The insurance carrier or entity responsible for paying the benefit
increase provided in chapter two hundred thirty-three of the laws of two
thousand four and the benefit increase provided in the chapter of the
laws of two thousand five that added this subdivision shall claim for
such benefit increase reimbursement from the special fund for reopened
cases commencing one year from the date of the first such payment and
annually thereafter while such payments continue, on a form prescribed
by the chair.
4. All carriers shall pay benefits in conformance with rates set forth
in section eight of this chapter without awaiting modification by the
board of any prior inconsistent award.
Awards to nonresidents; nonresident compensation fund. The
provisions of section twenty-five-b of the workers' compensation law
shall be applicable as fully as if set forth in this chapter.
Enforcement of payment. 1. The provisions of section twenty-six
of the workers' compensation law, other than the portions relating to
section fourteen-a, subdivision eight of section fifteen and section
fifty of the workers' compensation law, shall be applicable as fully as
if set forth in this chapter.
2. The provisions of section fifty-four-b of the workers' compensation
law shall be applicable as fully as if set forth in this chapter.
Aggregate trust fund. The provisions of section twenty-seven of
the workers' compensation law which are not inconsistent with the
provisions of this section, shall be applicable as fully as if set forth
in this chapter with respect to claims for benefits under this chapter.
Penalty for false representation. If, for the purpose of
obtaining any benefit or payment under the provisions of this chapter,
or for the purpose of influencing any determination regarding any
benefit or payment under the provisions of this chapter, either for
himself or for any other person, any person wilfully makes a false
statement or representation, he shall be guilty of a misdemeanor.
Non-duplication of benefits. If benefits are required to be paid
under this chapter in the event of injury to or death of a volunteer
ambulance worker, the volunteer ambulance worker or other persons
entitled to such benefits shall not receive workers' compensation under
the provisions of the workers' compensation law in relation to such
injury or death.
Miscellaneous provisions. The provisions of article seven of the
workers' compensation law which are not inconsistent with the provisions
of this chapter shall be applicable as if fully set forth herein. The
reference to sections twenty-five-a and fifty of the workers'
compensation law in section one hundred twenty-three of the workers'
compensation law shall be deemed to refer to sections fifty-one and
thirty of this chapter.
Application of provisions of workers' compensation law. All the
powers and duties conferred or imposed upon the chairman of the workers'
compensation board and the workers' compensation board by the workers'
compensation law which are necessary for the administration of this
chapter and not inconsistent with this chapter are, to that extent, made
applicable to this chapter, even though such provisions of the workers'
compensation law are not expressly made applicable to this chapter by
the provisions of this chapter or the workers' compensation law.
Liberal construction. The provisions of this article relating to
giving notice of injury and filing of claim, and to the contents of any
such notice or claim, shall be construed liberally in order to
effectuate the objects and purposes of this chapter.
Assessment for expenses. 1. The estimated annual expenses
necessary for the workers' compensation board to administer the
provisions of the volunteer ambulance workers' benefit law shall be
borne by all affected employers and included as part of the assessment
rate generated pursuant to subdivision two of section one hundred
fifty-one of the workers' compensation law.
2. Annually, the chair of the department of audit and control, as soon
as practicable after the first of April, shall ascertain the total
amount of actual expenses.
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 ambulance worker due to disease
or malfunction of the heart or of one or more coronary arteries filed in
accordance with section forty-one of this article, shall not be denied
provided the claimant introduces evidence which establishes that a
volunteer ambulance worker suffered disease or malfunction of the heart
or of one or more coronary arteries which caused the disablement or
death of the volunteer ambulance worker, and that such disease or
malfunction resulted from the duties and activities in which the
volunteer ambulance worker 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 ambulance worker in which the volunteer ambulance worker
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
ambulance worker while acting in line of duty or was not occasioned by
the wilful intention of the volunteer ambulance worker 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. 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.
ARTICLE 5 Saving Clauses
References to workers' compensation law. Where the provisions of
any section or part of any section of the workers' compensation law are
made applicable to this chapter and are incorporated herein by
reference, the following terms used in such provisions of the workers'
compensation law shall have the following meanings when read in
connection with this chapter:
1. "Accident" means "injury" as defined in this chapter.
2. "Dependent husband" means the "surviving spouse" of a female
volunteer ambulance worker, as defined in this chapter.
3. "Employee" means a volunteer ambulance worker who has been or might
be injured in line of duty or who dies or might die from the effects of
such an injury.
4. "Employment" means service of a volunteer ambulance worker in line
of duty.
5. "Employer" means the political subdivision or volunteer ambulance
company liable for payment of financial benefits pursuant to this
chapter.
6. "Injury" means "injury" as defined in this chapter.
7. "Injured worker" means injured volunteer ambulance worker.
8. "Insurance carrier" means "insurance carrier" as defined in this
chapter.
9. "Same employ" means the same ambulance department or ambulance
company, or in the same service for a political subdivision, or district
or area thereof, pursuant to a call for assistance.
10. "Workers' compensation" means the benefits payable to a volunteer
ambulance worker or his dependents pursuant to this chapter, including
medical treatment and care, except when a different meaning obviously is
intended.
Where any such section is so made applicable and is so incorporated,
and there is a reference therein to another section or provision of the
workers' compensation law which also has been made applicable to this
chapter, such reference shall be deemed to include the applicable
section or provision of this chapter if such inclusion is consistent
with the provisions of this chapter.
Effect of unconstitutionality in part. If any clause, sentence,
paragraph, subdivision, section or part of this chapter shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.