§ 207-A — Payment of salary, medical and hospital expenses of firefighters with injuries or illness incurred in performance of duties

§ 207-a. Payment of salary, medical and hospital expenses of\nfirefighters with injuries or illness incurred in performance of duties.\n1. Any paid firefighter which term as used in this section shall mean\nany paid officer or member of an organized fire company or fire\ndepartment of a city of less than one million population, or town,\nvillage or fire district, or any paid firefighter of a county airport or\ncounty aviation department which performs fire response or fire rescue\nduties, who is injured in the performance of his or her duties or who is\ntaken sick as a result of the performance of his or her duties so as to\nnecessitate medical or other lawful remedial treatment, shall be paid by\nthe municipality or fire district by which he or she is employed the\nfull amount of his or her regular salary or wages until his or her\ndisability arising therefrom has ceased, and, in addition, such\nmunicipality or fire district shall be liable for all medical treatment\nand hospital care furnished during such disability. Provided, however,\nand notwithstanding the foregoing provisions of this section, the\nmunicipal health authorities or any physician appointed for the purpose\nby the municipality or fire district, may attend any such injured or\nsick firefighter, from time to time, for the purpose of providing\nmedical, surgical or other treatment, or for making inspections and the\nmunicipality or fire district shall not be liable for salary or wages\npayable to such a firefighter, or for the cost of medical or hospital\ncare or treatment furnished, after such date as the health authorities\nor such physician shall certify that such injured or sick firefighter\nhas recovered and is physically able to perform his or her regular\nduties in the company or department. Any injured or sick firefighter who\nshall refuse to accept such medical treatment or hospital care or shall\nrefuse to permit medical inspections as herein authorized, including\nexaminations resulting from the application of subdivision two hereof,\nshall be deemed to have waived his or her rights under this section in\nrespect to expenses incurred for medical treatment or hospital care or\nsalary or wages payable after such refusal.\n Notwithstanding any provision of law to the contrary, a provider of\nmedical treatment or hospital care furnished pursuant to the provisions\nof this section shall not collect or attempt to collect reimbursement\nfor such treatment or care from any such member of the fire department\nof any such city.\n 2. Payment of the full amount of regular salary or wages, as provided\nby subdivision one of this section, shall be discontinued with respect\nto any firefighter who is permanently disabled as a result of an injury\nor sickness incurred or resulting from the performance of his or her\nduties if such firefighter is granted an accidental disability\nretirement allowance pursuant to section three hundred sixty-three of\nthe retirement and social security law, a retirement for disability\nincurred in performance of duty allowance pursuant to section three\nhundred sixty-three-c of the retirement and social security law or\nsimilar accidental disability pension provided by the pension fund of\nwhich he or she is a member; provided, however, that in any such case\nsuch firefighter shall continue to receive from the municipality or fire\ndistrict by which he or she is employed, until such time as he or she\nshall have attained the mandatory service retirement age applicable to\nhim or her or shall have attained the age or performed the period of\nservice specified by applicable law for the termination of his or her\nservice, the difference between the amounts received under such\nallowance or pension and the amount of his or her regular salary or\nwages. Any payment made by a municipal corporation or fire district\npursuant to the provisions of this subdivision shall be deemed to have\nbeen made for a valid and lawful public purpose. If application for such\nretirement allowance or pension is not made by such firefighter,\napplication therefor may be made by the head of the fire company or fire\ndepartment or as otherwise provided by the fire district or by the chief\nexecutive officer or local legislative body of the municipality by which\nsuch firefighter is employed. If such application for accidental\ndisability retirement allowance or retirement for disability incurred in\nperformance of duty allowance is denied, the fire district or municipal\ncorporation by which such firefighter is employed may appeal such\ndetermination.\n 3. If such a firefighter is not eligible for or is not granted such\naccidental disability retirement allowance or retirement for disability\nincurred in performance of duty allowance or similar accidental\ndisability pension and is nevertheless, in the opinion of such health\nauthorities or physician, unable to perform his or her regular duties as\na result of such injury or sickness but is able, in their opinion, to\nperform specified types of light duty, payment of the full amount of\nregular salary or wages, as provided by subdivision one of this section,\nshall be discontinued with respect to such firefighter if he or she\nshall refuse to perform such light duty if the same is available and\noffered to him or her, provided, however, that such light duty shall be\nconsistent with his or her status as a firefighter and shall enable him\nor her to continue to be entitled to his or her regular salary or wages,\nincluding increases thereof and fringe benefits, to which he or she\nwould have been entitled if he or she were able to perform his or her\nregular duties.\n 4. If such a firefighter is not eligible for or is not granted an\naccidental disability retirement allowance or retirement for disability\nincurred in performance of duty allowance or similar accidental\ndisability pension, he or she shall not be entitled to further payment\nof the full amount of regular salary or wages, as provided by\nsubdivision one of this section, after he or she shall have attained the\nmandatory service retirement age applicable to him or her or shall have\nattained the age or performed the period of service specified by\napplicable law for the termination of his or her service. Where such a\nfirefighter retires or is retired under any procedure applicable to him\nor her, including but not limited to circumstances described in\nsubdivision two of this section or in this subdivision, he or she shall\nthereafter, in addition to any portion of regular wages or salary and/or\nany retirement allowance or pension to which he or she is then entitled,\ncontinue to be entitled to medical treatment and hospital care\nnecessitated by reason of such injury or illness.\n 4-a. Any benefit payable pursuant to subdivision two of this section\nto a person who is granted retirement for disability incurred in\nperformance of duty pursuant to section three hundred sixty-three-c of\nthe retirement and social security law shall be reduced by the amount of\nthe benefits that are finally determined payable under the workers'\ncompensation law by reason of accidental disability.\n 5. The appropriate municipal or fire district officials may transfer\nsuch a firefighter to a position in the same or another agency or\ndepartment where they are able to do so pursuant to applicable civil\nservice requirements and provided the firefighter shall consent thereto.\n 6. Any firefighter receiving payments or benefits pursuant to this\nsection, who engages in any employment other than as provided in\nsubdivision three or five of this section shall on the commencement of\nsuch employment, forfeit his or her entitlement to any payments and\nbenefits hereunder, and any such payment or benefit unlawfully received\nby such firefighter shall be refunded to and may be recovered by the\nmunicipal corporation or fire district employing such firefighter in a\ncivil action. For the purposes of this section, employment shall not\ninclude income derived from passive involvement with: gains derived from\ndealings in property, interest income, rents from real property,\nroyalties, dividends, alimony and separate maintenance payments,\nannuities, income from life insurance and endowment contracts, other\npensions, income from the discharge of indebtedness, income in the\nrespect of a decedent, and income from an interest in an estate or\ntrust.\n 7. Notwithstanding any provision of law contrary thereto contained\nherein or elsewhere, a cause of action shall accrue to the municipality\nor fire district aforesaid for reimbursement in such sum or sums\nactually paid as a salary or wages and/or for medical or hospital\ntreatment, as against any third party against whom the firefighter shall\nhave a cause of action for the injuries sustained.\n