This text of New York § 61 (Death or disability due to disease or malfunction of heart or coronary arteries or due to vascular rupture; claims and procedures) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 61. Death or disability due to disease or malfunction of heart or\ncoronary arteries or due to vascular rupture; claims and procedures. 1.\nA claim for benefits for the death or disability of a volunteer\nfirefighter due to disease or malfunction of the heart or of one or more\ncoronary arteries or a claim for benefits for the death or disability of\na volunteer firefighter due to vascular rupture filed in accordance with\nsection forty-one of this chapter, shall not be denied provided the\nclaimant introduces evidence which establishes that a volunteer\nfirefighter suffered disease or malfunction of the heart or of one or\nmore coronary arteries, or vascular rupture, which caused the\ndisablement or death of the volunteer firefighter, and that such disease\nor malfunction, or vascul
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* § 61. Death or disability due to disease or malfunction of heart or\ncoronary arteries or due to vascular rupture; claims and procedures. 1.\nA claim for benefits for the death or disability of a volunteer\nfirefighter due to disease or malfunction of the heart or of one or more\ncoronary arteries or a claim for benefits for the death or disability of\na volunteer firefighter due to vascular rupture filed in accordance with\nsection forty-one of this chapter, shall not be denied provided the\nclaimant introduces evidence which establishes that a volunteer\nfirefighter suffered disease or malfunction of the heart or of one or\nmore coronary arteries, or vascular rupture, which caused the\ndisablement or death of the volunteer firefighter, and that such disease\nor malfunction, or vascular rupture, resulted from the duties and\nactivities in which the volunteer firefighter was engaged as set forth\nin section five of this chapter for which benefits shall be paid, unless\nit can be shown by substantial evidence to the contrary that the duties\nand activities of the volunteer firefighter in which the volunteer\nfirefighter was engaged at the time of such disease or malfunction, or\nvascular rupture, did not cause or precipitate such disease or\nmalfunction, or vascular rupture; and further provided that the injury\ndid not result solely from the intoxication of the volunteer firefighter\nwhile acting in line of duty or was not occasioned by the wilful\nintention of the volunteer firefighter to bring about the injury or\ndeath of himself or herself 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 provided,\nhowever, that the claim must be decided within ninety days measured from\nthe date of the receipt of a completed claim from the volunteer\nfirefighter or his representative. Such rules and regulations shall also\nprescribe a form to be used for making claims for such benefits. Such\nform shall specifically request the information necessary in order to\nreceive an award of benefits.\n 3. This section shall not be construed to repeal by implication any\nexisting provision of law.\n * NB Repealed July 1, 2030\n