§ 5 — Coverage

New York § 5

• Jurisdiction: New York
• Law VAW: Volunteer Ambulance Workers' Benefit
• Art. 2: Coverage and Benefits

Text

§ 5. Coverage. 1. The duties and activities in relation to which\nbenefits shall be paid and provided pursuant to this chapter are:\n a. Necessary travel to, working at, and necessary travel returning\nfrom an accident, alarm of accident, or other duty to which his\nambulance department, ambulance company, or any unit thereof, either has\nresponded or would be required or authorized to respond, including\nnecessary travel during such work or incidental thereto.\n b. While, within the state, personally assisting another ambulance\ndepartment, ambulance company, or any unit thereof, including, after his\nservices have been duly accepted, necessary travel to and returning from\nsuch work and necessary travel during such work or incidental thereto.\n c. While, within the state and pursuant to orders or authorization,\nperforming duties at the ambulance facility, or elsewhere, directly\nrelated to; (1) the prevention of accidents or other disasters, or (2)\nthe delivery of emergency health care.\n d. While, within this country or in Canada and pursuant to orders or\nauthorization, instructing or being instructed in ambulance duties,\nattending a training school or course of instruction for ambulance\nworkers, or attending or participating in any noncompetitive training\nprogram, including necessary travel directly connected therewith.\n e. While, within the state, any adjoining state or in Canada and\npursuant to orders or authorization, attending or participating in any\ndrill, parade, funeral, inspection or review in which his ambulance\ndepartment, ambulance company, or any unit thereof, is engaged,\nincluding necessary travel directly connected therewith.\n f. While, within the state and pursuant to orders or authorization,\nattending or working at meetings of his ambulance department or\nambulance company, or any organized unit thereof, at the ambulance\nfacility or other regular or special headquarters of the department,\ncompany or unit, including necessary travel directly connected therewith\nother than travel to or returning from such meetings.\n g. While, within the state and pursuant to orders or authorization,\nworking in connection with the construction, testing, inspection, repair\nor maintenance of (1) the ambulance facility and the fixtures,\nfurnishings and equipment thereof, and (2) the ambulance vehicles,\nambulance apparatus and equipment used by the ambulance department,\nambulance company, or other unit thereof, including necessary travel\ndirectly connected therewith other than travel to or returning from such\nwork.\n h. While, within the state, any adjoining state or in Canada and\npursuant to orders or authorization, practicing for, or participating as\na contestant or an official in, any competitive tournament, contest or\npublic exhibition conducted for ambulance workers which is intended to\npromote the efficiency of the ambulance department, ambulance company or\nany unit thereof, including necessary travel directly connected\ntherewith other than travel to and returning from such practice. The\nactual rendition of ambulance or other emergency service shall not be\ndeemed "practicing" within the meaning of this paragraph.\n i. While, pursuant to orders or authorization, engaged in the\ninspection of ambulance vehicles and ambulance apparatus prior to\ndelivery under a contract of purchase, or performing duties in relation\nto the delivery thereof, including necessary travel directly connected\ntherewith.\n j. While, within this country or Canada and pursuant to orders or\nauthorization, attending a convention or conference of ambulance workers\nor ambulance officers as the authorized delegate or representative of\nhis ambulance department, ambulance company or any unit thereof,\nincluding necessary travel directly connected therewith.\n k. While, within the state and pursuant to orders or authorization,\nworking in connection with a fund raising activity of his ambulance\ncompany, including necessary travel directly connected therewith, but\nshall not include competitive events in which volunteer ambulance\nworkers are competitors, such as baseball, basketball, football,\nbowling, tugs of war, donkey baseball, donkey basketball, boxing,\nwrestling, contests between bands or drum corps, or other competitive\nevents in which volunteer ambulance workers are competitors and which\ninvolve physical exertion on the part of the competitors.\n l. While, within the state, performing duties in an area other than\nhis or her own related to the delivery of emergency health care prior to\nthe arrival of the ambulance department, ambulance company, or any unit\nthereof that is responsible for the provision of such care in that area,\nprovided that the volunteer ambulance workers' municipality, ambulance\ndepartment, ambulance company, or any unit thereof, adopts a resolution\ngranting coverage for such duties. Upon the arrival of the ambulance\ndepartment, ambulance company, or any unit thereof responsible for\nemergency health care in the area, such volunteer ambulance worker shall\nbe entitled to benefits in the manner set forth in paragraph b of this\nsubdivision.\n 2. Benefits shall not be paid and provided pursuant to this chapter in\nthe following instances:\n a. Work or service rendered by a volunteer ambulance worker while on a\nleave of absence pursuant to the general municipal law or pursuant to\nany other general, special or local law, charter or ordinance or\npursuant to the constitution, by-laws, rules or regulations applicable\nto the ambulance company or ambulance department of which he is a\nmember.\n b. Practice for and participation in any recreational, social, or fund\nraising activity other than a fund raising activity for which coverage\nis provided under paragraph k of subdivision one of this section.\n c. Work or service rendered by a volunteer ambulance worker while\nsuspended from duty pursuant to any general, special or local law,\ncharter or ordinance or pursuant to the constitution, by-laws, rules or\nregulations applicable to the ambulance company or ambulance department\nof which he is a member.\n d. Work or service not rendered as a volunteer ambulance worker, but\nrendered as an officer, official or employee of a public corporation or\nany special district thereof, whether with or without remuneration, even\nthough by law a requirement for such office, position or employment\nshall be that such officer, official or employee shall have been or must\nbe a volunteer ambulance worker.\n e. Work or service not rendered as a volunteer ambulance worker, but\nrendered in the course of his employment for a private employer.\n f. Work, service or activities in which the volunteer ambulance worker\nhas been ordered not to participate.\n This subdivision shall not be deemed to enumerate all of the\nactivities engaged in by volunteer ambulance workers for which mandatory\ncoverage is not provided by this chapter, or to prohibit any of the\nactivities described in this subdivision, or to prevent the securing of\ninsurance pursuant to section four thousand two hundred thirty-seven of\nthe insurance law to cover volunteer ambulance workers when engaged in\nactivities other than those for which mandatory coverage is provided by\nthis chapter.\n