N.Y. Volunteer Firefighters' Benefit Law § 61: Death or disability due to disease or malfunction of heart or coronary arteries or due to vascular rupture; claims and procedures

* § 61. Death or disability due to disease or malfunction of heart or

coronary arteries or due to vascular rupture; claims and procedures. 1.

A claim for benefits for the death or disability of a volunteer

firefighter due to disease or malfunction of the heart or of one or more

coronary arteries or a claim for benefits for the death or disability of

a volunteer firefighter due to vascular rupture filed in accordance with

section forty-one of this chapter, shall not be denied provided the

claimant introduces evidence which establishes that a volunteer

firefighter suffered disease or malfunction of the heart or of one or

more coronary arteries, or vascular rupture, which caused the

disablement or death of the volunteer firefighter, and that such disease

or malfunction, or vascular rupture, resulted from the duties and

activities in which the volunteer firefighter 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 firefighter in which the volunteer

firefighter was engaged at the time of such disease or malfunction, or

vascular rupture, did not cause or precipitate such disease or

malfunction, or vascular rupture; and further provided that the injury

did not result solely from the intoxication of the volunteer firefighter

while acting in line of duty or was not occasioned by the wilful

intention of the volunteer firefighter to bring about the injury or

death of himself or herself 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 provided,

however, that the claim must be decided within ninety days measured from

the date of the receipt of a completed claim from the volunteer

firefighter or his representative. 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.

* NB Repealed July 1, 2030