Current through 2024 NY Law Chapter 553
Section 61 - Death or disability due to disease or malfunction of heart or coronary arteries; claims and procedures1. A claim for benefits for the death or disability of a volunteer ambulance worker due to disease or malfunction of the heart or of one or more coronary arteries filed in accordance with section forty-one of this article, shall not be denied provided the claimant introduces evidence which establishes that a volunteer ambulance worker suffered disease or malfunction of the heart or of one or more coronary arteries which caused the disablement or death of the volunteer ambulance worker, and that such disease or malfunction resulted from the duties and activities in which the volunteer ambulance worker was engaged as set forth in section five of this chapter for which benefits shall be paid, unless it can be shown by substantial evidence to the contrary that the duties and activities of the volunteer ambulance worker in which the volunteer ambulance worker was engaged at the time of such disease or malfunction did not cause or precipitate such disease or malfunction; and further provided that the injury did not result solely from the intoxication of the volunteer ambulance worker while acting in line of duty or was not occasioned by the wilful intention of the volunteer ambulance worker to bring about the injury or death of himself or another.2. The chairman of the workers' compensation board shall promulgate rules and regulations providing a priority for controverted claims for benefits filed as provided in subdivision one of this section. Such rules and regulations shall also prescribe a form to be used for making claims for such benefits. Such form shall specifically request the information necessary in order to receive an award of benefits.3. This section shall not be construed to repeal by implication any existing provision of law.N.Y. Volunteer Ambulance Workers Benefit § 61