* 61. Death or disability due to disease or malfunction of heart or coronary arteries; claims and procedures. 1. A claim for benefits for the death or disability of a volunteer fireman due to disease or malfunction of the heart or of one or more coronary arteries filed in accordance with section forty-one of this chapter, shall not be denied provided the claimant introduces evidence which establishes that a volunteer fireman suffered disease or malfunction of the heart or of one or more coronary arteries which caused the disablement or death of the volunteer fireman, and that such disease or malfunction resulted from the duties and activities in which the volunteer fireman 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 fireman in which the volunteer fireman 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 fireman while acting in line of duty or was not occasioned by the wilful intention of the volunteer fireman 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 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* NB Repealed July 1, 2020
Last modified: February 3, 2019