§ 61 — Death or disability due to disease or malfunction of heart or coronary arteries; claims and procedures

New York § 61

• Jurisdiction: New York
• Law VAW: Volunteer Ambulance Workers' Benefit
• Art. 4: Procedure

Text

§ 61. Death or disability due to disease or malfunction of heart or\ncoronary arteries; claims and procedures. 1. A claim for benefits for\nthe death or disability of a volunteer ambulance worker due to disease\nor malfunction of the heart or of one or more coronary arteries filed in\naccordance with section forty-one of this article, shall not be denied\nprovided the claimant introduces evidence which establishes that a\nvolunteer ambulance worker suffered disease or malfunction of the heart\nor of one or more coronary arteries which caused the disablement or\ndeath of the volunteer ambulance worker, and that such disease or\nmalfunction resulted from the duties and activities in which the\nvolunteer ambulance worker was engaged as set forth in section five of\nthis chapter for which benefits shall be paid, unless it can be shown by\nsubstantial evidence to the contrary that the duties and activities of\nthe volunteer ambulance worker in which the volunteer ambulance worker\nwas engaged at the time of such disease or malfunction did not cause or\nprecipitate such disease or malfunction; and further provided that the\ninjury did not result solely from the intoxication of the volunteer\nambulance worker while acting in line of duty or was not occasioned by\nthe wilful intention of the volunteer ambulance worker to bring about\nthe injury or death of himself or another.\n 2. The chairman of the workers' compensation board shall promulgate\nrules and regulations providing a priority for controverted claims for\nbenefits filed as provided in subdivision one of this section. Such\nrules and regulations shall also prescribe a form to be used for making\nclaims for such benefits. Such form shall specifically request the\ninformation necessary in order to receive an award of benefits.\n 3. This section shall not be construed to repeal by implication any\nexisting provision of law.\n