§ 3. Definitions. As used in this chapter:\n 1. "Volunteer firefighter" means an active volunteer member of a fire\ncompany.\n 2. "Fire company" means:\n a. A fire company of a county, city, town, village or fire district\nfire department, whether or not any such company has been incorporated\nunder any general or special law,\n b. A fire corporation incorporated under or subject to the provisions\nof article ten of the membership corporations law, which is not included\nwithin paragraph a above, if such corporation is by law under the\ngeneral control of, or recognized as a fire corporation by, the\ngoverning board of a city, town, village or fire district, or\n c. A fire corporation incorporated under, or established pursuant to\nthe provision of, any general or special law, which is not included\nwithin paragraphs a and b above, if such corporation is by law under the\ngeneral control of, or recognized as a fire corporation by, the\ngoverning board of a city, town, village or fire district or Indian\nreservation.\nAny district corporation which has the general powers of and operates as\na fire district shall be considered as a fire district for the purposes\nof this chapter. A "fire department" may be composed of one or more fire\ncompanies.\n 3. "Line of duty" means the performance by a volunteer firefighter as\na volunteer firefighter of the duties and activities described in\nsubdivision one of section five of this chapter and the same such duties\nand activities performed for a specialized team established pursuant to\nthe provisions of section two hundred nine-bb of the general municipal\nlaw for which the volunteer firefighter does not receive any\nremuneration or a gratuity and shall be deemed to include any date of\ninjury as determined by the workers' compensation board pursuant to the\nprovisions of section forty-one of this chapter. The following shall not\nbe deemed to be remuneration or a gratuity: receipt of a training\nstipend as outlined in section two hundred-aa of the general municipal\nlaw; reimbursement of expenses for meals, lodging and actual and\nnecessary travel; the receipt of a mileage allowance in lieu of travel\nexpense; reimbursement of expenses for registration and tuition fees\npayable under section seventy-two-g of the general municipal law, and\nthe acceptance of transportation, food, drink, shelter, clothing and\nsimilar items while on duty or engaged in such activities.\n 4. "Injury" includes any disablement of a volunteer firefighter that\nresults from services performed in line of duty and such disease or\ninfection as may naturally and unavoidably result from an injury.\n 5. "Child" includes a posthumous child, a child legally adopted prior\nto the injury of the volunteer firefighter; and a step-child or\nacknowledged child born out of wedlock dependent upon the deceased\nvolunteer firefighter.\n 6. "Surviving spouse" means the legal spouse of a deceased volunteer\nfirefighter, but shall not include a spouse who has abandoned the\ndeceased. The term "abandoned", as used in this subdivision, means such\nan abandonment as would be sufficient under section two hundred of the\ndomestic relations law to sustain a judgment of separation on that\nground.\n 7. "Dependent" includes a surviving spouse entitled to receive\nbenefits under this chapter, whether or not actually dependent upon a\nvolunteer firefighter, unless a contrary meaning is clearly intended.\n 8. "Earning capacity", except as herein provided, means:\n a. The ability of a volunteer firefighter to perform on a five-day or\nsix-day basis either the work usually and ordinarily performed by him or\nher in his or her remunerated employment or other work which for any\nsuch worker would be a reasonable substitute for the remunerated\nemployment in which he or she was employed at the time of his or her\ninjury, or\n b. The ability of a volunteer firefighter to perform on a five-day or\nsix-day basis either the work usually
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.