N.Y. Workers' Compensation Law § 10: Liability for compensation

§ 10. Liability for compensation. 1. Every employer subject to this

chapter shall in accordance with this chapter, except as otherwise

provided in section twenty-five-a hereof, secure compensation to his

employees and pay or provide compensation for their disability or death

from injury arising out of and in the course of the employment without

regard to fault as a cause of the injury, except that there shall be no

liability for compensation under this chapter when the injury has been

solely occasioned by intoxication from alcohol or a controlled substance

of the injured employee while on duty; or by wilful intention of the

injured employee to bring about the injury or death of himself or

another; or where the injury was sustained in or caused by voluntary

participation in an off-duty athletic activity not constituting part of

the employee's work related duties unless the employer (a) requires the

employee to participate in such activity, (b) compensates the employee

for participating in such activity or (c) otherwise sponsors the

activity.

2. Notwithstanding any other provisions of this chapter, an injury

incurred by an individual currently employed as an emergency medical

technician or an advanced emergency medical technician who is certified

pursuant to section three thousand two of the public health law, while

voluntarily and without expectation of monetary compensation rendering

medical assistance at the scene of an accident shall be deemed to have

arisen out of and in the course of the employment with that emergency

medical technician or advanced emergency medical technician's current

employer.

3. (a) Notwithstanding any other provisions of this chapter, where a

public safety worker, including but not limited to a firefighter,

emergency medical technician, police officer, correction officer,

civilian employee of the department of corrections and community

supervision or other person employed by the state to work within a

correctional facility maintained by the department of corrections and

community supervision, driver and medical observer, in the course of

performing his or her duties, is exposed to the blood or other bodily

fluids of another individual or individuals, the executive officer of

the appropriate ambulance, fire or police district may authorize such

public safety worker to obtain the care and treatment, including

diagnosis, recommended medicine and other medical care needed to

ascertain whether such individual was exposed to or contracted any

communicable disease and such care and treatment shall be the

responsibility of the insurance carrier of the appropriate ambulance,

fire or police district or, if a public safety worker was not so exposed

in the course of performing his or her duties for such a district, then

such person shall be covered for the treatment provided for in this

subdivision by the carrier of his or her employer when such person is

acting in the scope of his or her employment. For the purpose of this

subdivision, the term "public safety worker" shall include persons who

act for payment or who act as volunteers in an organized group such as a

rescue squad, police department, correctional facility, ambulance corps,

fire department, or fire company.

(b) Where a police officer or firefighter subject to section thirty of

this article, or emergency medical technician, paramedic, or other

person certified to provide medical care in emergencies, or emergency

dispatcher files a claim for mental injury premised upon extraordinary

work-related stress incurred in a work-related emergency, the board may

not disallow the claim upon a factual finding that the stress was not

greater than that which usually occurs in the normal work environment.

(c) The board may not disallow a claim by a covered employee upon a

factual finding that the stress was not greater than that which usually

occurs in the normal work environment where a claim for post-traumatic

stress disorder (PTSD), acute stress disorder or major depressive

disorder resulting from work-related stress is filed upon submission of

medical evidence based on the criteria contained in the version of the

Diagnostic and Statistical Manual of Mental Disorders in effect on the

date of accident, or as otherwise adopted by the board, provided that

such adoption shall be no more stringent than the current or immediately

preceding version of the Diagnostic and Statistical Manual of Mental

Disorders. Such covered employee must demonstrate that such disorder

arose out of extraordinary work-related stress attributable to a

distinct work-related event or events directly related to the employment

and occurring during the performance of the employee's job duties.

(d) Nothing in paragraphs (b) and (c) of this subdivision shall apply

to a claim for mental injury due to a work-related physical injury.

4. Any person incarcerated upon conviction of a felony shall be deemed

ineligible for all benefits provided under this chapter. All those whose

benefits have ceased by operation of this section, may apply to the

board for benefits upon their release from custody pursuant to

regulation of the board.