§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision liable for the payment thereof within\nninety days after such injury or death except that such notice need not\nbe given if a claim is filed pursuant to section forty-one of this\nchapter within ninety days after such injury or death. Either such\nnotice may be given by any person claiming to be entitled to such\nbenefits or by someone in his or her behalf. The notice shall be in\nwriting, shall contain the name and address of the volunteer\nfirefighter, and state in ordinary language the time, place, nature and\ncause of the injury and shall be signed by him or her or by a person on\nhis or her behalf or, in case of
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§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision liable for the payment thereof within\nninety days after such injury or death except that such notice need not\nbe given if a claim is filed pursuant to section forty-one of this\nchapter within ninety days after such injury or death. Either such\nnotice may be given by any person claiming to be entitled to such\nbenefits or by someone in his or her behalf. The notice shall be in\nwriting, shall contain the name and address of the volunteer\nfirefighter, and state in ordinary language the time, place, nature and\ncause of the injury and shall be signed by him or her or by a person on\nhis or her behalf or, in case of death, by any one or more of his or her\ndependents, or by a person on their behalf. The notice shall be given to\nthe clerk of the board of supervisors of the county, the comptroller or\nchief financial officer of the city, the town clerk of the town, the\nclerk of the village or the secretary of the fire district, as the case\nmay be, by delivering it to such officer or by registered letter\nproperly addressed to such officer. The failure to give notice of injury\nor notice of death shall be a bar to any claim under this chapter unless\nsuch failure is excused by the workers' compensation board on any of the\nfollowing grounds, (1) that for some sufficient reason the notice could\nnot have been given, (2) that a member of a body in charge of, or any\nofficer of, the fire department or fire company had knowledge within\nsuch ninety-day period of the injuries or death, (3) that the political\nsubdivision, or its insurance carrier had not been prejudiced by a delay\nin giving such notice, or (4) that the cause of disablement or death was\nnot known to be the result of service performed in line of duty as a\nvolunteer firefighter in sufficient time to comply with the provisions\nof this section.\n