N.Y. General Municipal Law § 207-c: Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties

§ 207-c. Payment of salary, wages, medical and hospital expenses of

police officers with injuries or illness incurred in the performance of

duties. * 1. Any sheriff, undersheriff, deputy sheriff or corrections

officer of the sheriff's department of any county or any member of a

police force of any county, city of less than one million population,

town or village, or of any district, agency, board, body or commission

thereof, or any LIRR police officer as defined in paragraph two of

subdivision a of section three hundred eighty-nine of the retirement and

social security law whose benefits are provided in and pursuant to such

section three hundred eighty-nine, or a detective-investigator or any

other investigator who is a police officer pursuant to the provisions of

the criminal procedure law employed in the office of a district attorney

of any county, or any corrections officer of the county of Erie

department of corrections, or an advanced ambulance medical technician

employed by the county of Nassau, or any detention officer employed by

the city of Yonkers, or any supervising fire inspector, fire inspector,

fire marshal, or assistant fire marshal employed full-time in the county

of Nassau fire marshal's office, or at the option of the county of

Nassau, any probation officer of the county of Nassau who is injured in

the performance of his or her duties or who is taken sick as a result of

the performance of his or her duties so as to necessitate medical or

other lawful remedial treatment shall be paid by the municipality or The

Long Island Rail Road Company by which he or she is employed the full

amount of his or her regular salary or wages from such employer until

his or her disability arising therefrom has ceased, and, in addition

such municipality or The Long Island Rail Road Company shall be liable

for all medical treatment and hospital care necessitated by reason of

such injury or illness. Provided, however, and notwithstanding the

foregoing provisions of this section, the municipal or The Long Island

Rail Road Company health authorities or any physician appointed for the

purpose by the municipality or The Long Island Rail Road Company, as

relevant, after a determination has first been made that such injury or

sickness was incurred during, or resulted from, such performance of

duty, may attend any such injured or sick police officer, from time to

time, for the purpose of providing medical, surgical or other treatment,

or for making inspections, and the municipality or The Long Island Rail

Road Company, as the case may be, shall not be liable for salary or

wages payable to such police officer, or for the cost of medical

treatment or hospital care furnished after such date as such health

authorities or physician shall certify that such injured or sick police

officer has recovered and is physically able to perform his or her

regular duties. Any injured or sick police officer who shall refuse to

accept medical treatment or hospital care or shall refuse to permit

medical inspections as herein authorized, including examinations

pursuant to subdivision two of this section, shall be deemed to have

waived his or her rights under this section in respect to expenses for

medical treatment or hospital care rendered and for salary or wages

payable after such refusal.

Notwithstanding any provision of law to the contrary, a provider of

medical treatment or hospital care furnished pursuant to the provisions

of this section shall not collect or attempt to collect reimbursement

for such treatment or care from any such police officer, any such

advanced ambulance medical technician or any such detention officer.

* NB Effective until certain provisions provided in chapter 628 of

1991 § 7 have been met.

* 1. Any sheriff, undersheriff, deputy sheriff or corrections officer

of the sheriff's department of any county (hereinafter referred to as a

"police officer") or any member of a police force of any county, city of

less than one million population, town or village, or of any district,

agency, board, body or commission thereof, or a detective-investigator

or any other investigator who is a police officer pursuant to the

provisions of the criminal procedure law employed in the office of a

district attorney of any county, or any corrections officer of the

county of Erie department of corrections, or an advanced ambulance

medical technician employed by the county of Nassau, or any detention

officer employed by the city of Yonkers, or any supervising fire

inspector, fire inspector, fire marshal or assistant fire marshal

employed full-time in the county of Nassau fire marshal's office, or at

the option of the county of Nassau, any probation officer of the county

of Nassau who is injured in the performance of his or her duties or who

is taken sick as a result of the performance of his or her duties so as

to necessitate medical or other lawful remedial treatment shall be paid

by the municipality by which he or she is employed the full amount of

his or her regular salary or wages until his or her disability arising

therefrom has ceased, and, in addition such municipality shall be liable

for all medical treatment and hospital care necessitated by reason of

such injury or illness. Provided, however, and notwithstanding the

foregoing provisions of this section, the municipal health authorities

or any physician appointed for the purpose by the municipality, after a

determination has first been made that such injury or sickness was

incurred during, or resulted from, such performance of duty, may attend

any such injured or sick police officer, from time to time, for the

purpose of providing medical, surgical or other treatment, or for making

inspections and the municipality shall not be liable for salary or wages

payable to such police officer, or for the cost of medical treatment or

hospital care furnished after such date as such health authorities or

physician shall certify that such injured or sick police officer has

recovered and is physically able to perform his or her regular duties.

Any injured or sick police officer who shall refuse to accept medical

treatment or hospital care or shall refuse to permit medical inspections

as herein authorized, including examinations pursuant to subdivision two

of this section, shall be deemed to have waived his or her rights under

this section in respect to expenses for medical treatment or hospital

care rendered and for salary or wages payable after such refusal.

Notwithstanding any provision of law to the contrary, a provider of

medical treatment or hospital care furnished pursuant to the provisions

of this section shall not collect or attempt to collect reimbursement

for such treatment or care from any such police officer, a member of a

police force of any county, city, any such advanced ambulance medical

technician, any such detention officer or any such

detective-investigator or any other such investigator who is a police

officer pursuant to the provisions of the criminal procedure law.

* NB Effective when certain provisions provided in chapter 628 of 1991

§ 7 have been met

2. Payment of the full amount of regular salary or wages, as provided

by subdivision one of this section, shall be discontinued with respect

to any police officer who is permanently disabled as a result of an

injury or sickness incurred or resulting from the performance of his or

her duties if such police officer is granted an accidental disability

retirement allowance pursuant to section three hundred sixty-three of

the retirement and social security law, a retirement for disability

incurred in performance of duty allowance pursuant to section three

hundred sixty-three-c of the retirement and social security law or

similar accidental disability pension provided by the pension fund of

which he or she is a member. If application for such retirement

allowance or pension is not made by such police officer, application

therefor may be made by the head of the police force or as otherwise

provided by the chief executive officer or local legislative body of the

municipality by which such police officer is employed.

3. If such a police officer is not eligible for or is not granted such

accidental disability retirement allowance or retirement for disability

incurred in performance of duty allowance or similar accidental

disability pension and is nevertheless, in the opinion of such health

authorities or physician, unable to perform his or her regular duties as

a result of such injury or sickness but is able, in their opinion, to

perform specified types of light police duty, payment of the full amount

of regular salary or wages, as provided by subdivision one of this

section, shall be discontinued with respect to such police officer if he

or she shall refuse to perform such light police duty if the same is

available and offered to him or her, provided, however, that such light

duty shall be consistent with his or her status as a police officer and

shall enable him or her to continue to be entitled to his or her regular

salary or wages, including increases thereof and fringe benefits, to

which he or she would have been entitled if he or she were able to

perform his or her regular duties.

* 4. The appropriate municipal officials may transfer such a police

officer to a position in another agency or department where they are

able to do so pursuant to applicable civil service requirements and

provided the police officer shall consent thereto.

* NB Effective until certain provisions provided in chapter 628 of

1991 § 7 have been met

* 4. The appropriate municipal or The Long Island Rail Road Company

officials may transfer a police officer to a position in another agency

or department where they are able to do so pursuant to applicable civil

service or The Long Island Rail Road Company requirements and provided

the police officer shall consent thereto.

* NB Effective when certain provisions provided in chapter 628 of 1991

§ 7 have been met

5. If such a police officer is not eligible for or is not granted an

accidental disability retirement allowance or retirement for disability

incurred in performance of duty allowance or similar accidental

disability pension, he or she shall not be entitled to further payment

of the full amount of regular salary or wages, as provided by

subdivision one of this section, after he or she shall have attained the

mandatory service retirement age applicable to him or her or shall have

attained the age or performed the period of service specified by

applicable law for the termination of his or her service. Where such a

police officer is transferred to another position pursuant to

subdivision four of this section or retires or is retired under any

procedure applicable to him or her, including but not limited to

circumstances described in subdivision two of this section or in this

subdivision, he or she shall thereafter, in addition to any retirement

allowance or pension to which he or she is then entitled, continue to be

entitled to medical treatment and hospital care necessitated by reason

of such injury or illness.

* 6. Notwithstanding any provision of law contrary thereto contained

herein or elsewhere, a cause of action shall accrue to the municipality

for reimbursement in such sum or sums actually paid as salary or wages

and or for medical treatment and hospital care as against any third

party against whom the police officer shall have a cause of action for

the injury sustained or sickness caused by such third party.

* NB Effective until certain provisions provided in chapter 628 of

1991 § 7 have been met.

* 6. Notwithstanding any provision of law contrary thereto contained

herein or elsewhere, a cause of action shall accrue to the municipality

or The Long Island Rail Road Company for reimbursement in such sum or

sums actually paid as salary or wages and or for medical treatment and

hospital care as against any third party against whom the police officer

shall have a cause of action for the injury sustained or sickness caused

by such third party.

* NB Effective when certain provisions provided in chapter 628 of 1991

§ 7 have been met