N.Y. Volunteer Firefighters’ Benefit Law § 61

* § 61. Death or disability due to disease or malfunction of heart or\ncoronary arteries; claims and procedures. 1. A claim for benefits for\nthe death or disability of a volunteer fireman due to disease or\nmalfunction of the heart or of one or more coronary arteries filed in\naccordance with section forty-one of this chapter, shall not be denied\nprovided the claimant introduces evidence which establishes that a\nvolunteer fireman suffered disease or malfunction of the heart or of one\nor more coronary arteries which caused the disablement or death of the\nvolunteer fireman, and that such disease or malfunction resulted from\nthe duties and activities in which the volunteer fireman was engaged as\nset forth in section five of this chapter for which benefits shall be\npaid, unless it can be shown by substantial evidence to the contrary\nthat the duties and activities of the volunteer fireman in which the\nvolunteer fireman was engaged at the time of such disease or malfunction\ndid not cause or precipitate such disease or malfunction; and further\nprovided that the injury did not result solely from the intoxication of\nthe volunteer fireman while acting in line of duty or was not occasioned\nby the wilful intention of the volunteer fireman to bring about the\ninjury or death of himself 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 This section shall not be construed to repeal by implication any\nexisting provision of law.\n * NB Repealed July 1, 2020\n