New York Workers' Compensation Law Article 10 - WORKMEN'S COMPENSATION ACT FOR CIVIL DEFENSE VOLUNTEERS

  • 300 - Short Title.
    This article shall be known and may be cited as the "workers' compensation act for civil defense volunteers."
  • 301 - Declaration of Policy and Legislative Intent.
    The president of the United States on December sixteenth, nineteen hundred fifty, proclaimed a state of national emergency. The governor of this state, in a...
  • 302 - Definitions.
    Except as otherwise provided in this article, terms used in this article shall have the meaning given to such terms in articles one to eight,...
  • 303 - Provision of Workmen's Compensation for Civil Defense Volunteers.
    A civil defense volunteer performing authorized civil defense services shall be deemed to be in special employment of his local office as defined in the...
  • 304 - Evidence of Authorized Services.
    For the purpose of administering this article a certified copy of regulations and orders of the commission or state director shall be evidence thereof when...
  • 305 - Compensation Provided.
    The schedule of special compensation for civil defense volunteers under this article is hereby established as follows: (1) Total disability. In case of total disability,...
  • 306 - Compensation Not Allowed During First Seven Days.
    No compensation shall be allowed for the first seven days of disability, except medical benefits provided in section three hundred five subdivision three; and during...
  • 307 - Computation of Benefits.
    Compensation of a civil defense volunteer under this article shall be computed on the basis of his wages during the year preceding injury, in case...
  • 308 - Liability for Compensation.
    Compensation provided in this article, including cash benefits, medical and chiropractic care and funeral expenses, shall be paid by the chairman promptly out of the...
  • 309 - Non-Duplication.
    No compensation under the provisions of this article shall be payable to any civil defense volunteer or to the dependents of a deceased civil defense...
  • 310 - Disposition of Accrued Benefits Upon Death.
    If any benefits due to a civil defense volunteer under this article are unpaid at the time of his death, such benefits shall be payable...
  • 311 - Payments to Minors.
    Civil defense volunteers who are minors shall be deemed to be sui juris for the purpose of receiving payment of compensation under this article. Work...
  • 312 - Exclusiveness of Remedy.
    Compensation as provided in this article shall be the exclusive remedy of a civil defense volunteer or his or her spouse, dependents, executor or administrator,...
  • 313 - Compensation Inalienable.
    Compensation payable under this article shall not be assigned or released and shall be exempt from all claims of creditors and from levy, execution and...
  • 314 - Claim Filing.
    The right to compensation including medical care and funeral expenses under the provisions of this article shall be barred unless written claim is filed with...
  • 315 - Claims Procedures.
    Claims shall be subject to the administrative procedures prescribed for claims filed with the chairman for disability benefits payable under section two hundred seven. The...
  • 316 - Record of Enrollment.
    Each local director of civil defense shall maintain a record of enrollment of civil defense volunteers who are personnel of the volunteer agencies sponsored by...
  • 317 - Determination of Contested Claims for Compensation.
    A civil defense volunteer may file with the board a notice that his claim for compensation under this article has not been paid, and the...
  • 318 - Rules of Evidence; Modification of Board Decisions or Orders; Appeals.
    The provisions of section two hundred twenty-two of this chapter are made applicable to claims for compensation under this article.
  • 319 - Special Fund for Civil Defense Volunteers.
    There is hereby created a fund which shall be known as the special fund for civil defense volunteers to provide for payment of cash benefits...
  • 320 - Commissioner of Taxation and Finance Custodian of Fund.
    The commissioner of taxation and finance shall be the custodian of the special fund for workmen's compensation for civil defense volunteers and all disbursements for...
  • 321 - Reinsurance.
    Funds credited to the special fund for the purposes of this article may be used to effect insurance or reinsurance with the war damage corporation...
  • 322 - Rehabilitation.
    Fees for rehabilitation services to disabled civil defense volunteers shall be paid out of the special fund in an amount approved by the chairman, and...
  • 323 - Limitation of Liability.
    The special fund for civil defense volunteers created by this article shall be the sole and exclusive source for payment of compensation provided by this...
  • 324 - Distribution of Unexpended Assets of the Special Fund.
    Within five years after the period of emergency as defined in the state defense emergency act shall have expired, the chairman shall determine the amount...
  • 325 - Administration Expenses.
    The entire expense of administering this article shall be paid out of the special fund and charged thereto. At least thirty days prior to the...
  • 326 - Penalties.
    1. If for the purpose of obtaining any benefit or payment under the provisions of this article or for the purpose of influencing any determination...
  • 327 - Application of Other Provisions of Chapter.
    All the powers and duties conferred or imposed upon the chairman and board by this chapter that are necessary for the administration of this article...
  • 328 - Separability of Provisions.
    If any provisions of this act or the application thereof to any person or circumstances is held invalid, the remainder of this act and the...

Last modified: February 3, 2019