N.Y. Volunteer Firefighters' Benefit Law Section 61
Death or disability due to disease or malfunction of heart or coronary arteries or due to vascular rupture

  • claims and procedures

1.

A claim for benefits for the death or disability of a volunteer firefighter due to disease or malfunction of the heart or of one or more coronary arteries or a claim for benefits for the death or disability of a volunteer firefighter due to vascular rupture filed in accordance with § 41 (Claim for benefits)section forty-one of this chapter, shall not be denied provided the claimant introduces evidence which establishes that a volunteer firefighter suffered disease or malfunction of the heart or of one or more coronary arteries, or vascular rupture, which caused the disablement or death of the volunteer firefighter, and that such disease or malfunction, or vascular rupture, resulted from the duties and activities in which the volunteer firefighter was engaged as set forth in § 5 (Coverage)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 firefighter in which the volunteer firefighter was engaged at the time of such disease or malfunction, or vascular rupture, did not cause or precipitate such disease or malfunction, or vascular rupture; and further provided that the injury did not result solely from the intoxication of the volunteer firefighter while acting in line of duty or was not occasioned by the wilful intention of the volunteer firefighter to bring about the injury or death of himself or herself or another.

2.

The chairman of the workers’ compensation board shall promulgate rules and regulations providing a priority for controverted claims for benefits filed as provided in subdivision one of this section provided, however, that the claim must be decided within ninety days measured from the date of the receipt of a completed claim from the volunteer firefighter or his representative. Such rules and regulations shall also prescribe a form to be used for making claims for such benefits. Such form shall specifically request the information necessary in order to receive an award of benefits.

3.

This section shall not be construed to repeal by implication any existing provision of law. * NB Repealed July 1, 2025

Source: Section 61 — Death or disability due to disease or malfunction of heart or coronary arteries or due to vascular rupture; claims and procedures, https://www.­nysenate.­gov/legislation/laws/VOL/61 (updated Dec. 24, 2021; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Dec. 24, 2021

§ 61’s source at nysenate​.gov

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