Section 205. Payments to injured or representatives of deceased volunteer firemen

First. If an active member of a volunteer fire company  in  any  city,  incorporated village or in any fire district of a town outside of
  an incorporated village or  in  any  part  of  a  town  protected  by  a
  volunteer   fire  company  incorporated  under  the  provisions  of  the
  membership corporations  law,  or  if  an  active  member  of  any  duly
  organized  volunteer  fire company, dies from injuries incurred while in
  the performance of his duties as such fireman or as a member of  a  fire
  department  emergency relief squad, a fire police squad or a fire patrol
  within one year thereafter, the city, village,  fire  district  or  town
  which  is  responsible as provided in subdivision fourth of this section
  shall pay as follows:
    a. If such volunteer fireman is a member of a volunteer  fire  company
  located in any city in which a pension fund is maintained, the relatives
  of  such  volunteer  fireman  shall be entitled to a pension in the same
  manner and at the same rates as if he were a member  of  the  paid  fire
  department of such city.
    b.  If  in  any other place the sum of three thousand dollars shall be
  paid to the widow of such deceased volunteer fireman or to the  executor
  or  administrator  of  his  estate  if he is not survived by a widow. In
  addition there shall be paid to the widow of such volunteer fireman  for
  the  benefit  of such child or children the sum of twenty-five dollars a
  month for each surviving child, including a posthumous  child,  of  such
  deceased  fireman  under  the age of eighteen years, but not more than a
  total of fifty dollars a month for all such children, or if the decedent
  be not survived by a widow, or if she dies before  the  payments  cease,
  then  such  payments  for  a  child  or  children shall be made to their
  guardian or to relatives with whom they are living for their benefit.
    Second. Any  such  volunteer  fireman  who  shall  become  permanently
  incapacitated  for  performing the full duties of a volunteer fireman by
  reason of disease or disability caused or induced by actual  performance
  of  the duties of his position, without fault or misconduct on his part,
  shall
    a. If a member of a volunteer fire company  located  in  any  city  in
  which a pension fund is maintained, be paid a pension in the same manner
  and  at the same rate as if he were a member of the paid fire department
  of such city.
    b. If a member of a volunteer fire company in any other place, be paid
  one-half the amount which would have been payable in case  of  death  to
  his  executor or administrator under the provisions of subdivision first
  of this section;
    Provided, however,  that  if  such  volunteer  fireman  shall  at  the
  expiration  of the disability payments provided for in subdivision third
  of this section be totally incapacitated to engage in any occupation for
  remuneration or profit by reason of  disease  or  disability  caused  by
  actual  performance  of  the  duties  of  his position, without fault or
  misconduct on his part, he shall be paid the sum of fifteen dollars  per
  week  during  the  period  thereafter  that  such total incapacity shall
  continue and, in addition thereto, during such  period  there  shall  be
  paid  to  him for the benefit of his child or children the sum of twelve
  dollars fifty cents a month for each child under  the  age  of  eighteen
  years,  but not more than a total of twenty-five dollars a month for all
  such children, but no payment on account of a child shall continue after
  such child shall have attained the age of eighteen years. In  the  event
  payments  to  a  volunteer  fireman and his children on account of total
  incapacity, as heretofore in this subdivision provided, shall  not  have
  amounted  to  the  sum to which he would otherwise have been entitled on
  account of permanent incapacity for performing  the  full  duties  of  a

  volunteer fireman and he shall be found to have recovered to such extent
  that  he  is  no  longer  totally incapacitated but is still permanently
  incapacitated for performing the full duties  of  a  volunteer  fireman,
  there  shall  be paid to him the difference between the payments already
  made to him for his own account and for the account of his children  and
  the  amount  to  which  he  would  be entitled under this subdivision on
  account of permanent incapacity for performing  the  full  duties  of  a
  volunteer  fireman.  The  authorities  having  jurisdiction to audit the
  claim of any volunteer fireman claiming total disability benefits  under
  this  subdivision  shall  have the right to cause such injured volunteer
  fireman to be examined from time to time at reasonable intervals by  the
  municipal health authorities or any physician appointed by them for that
  purpose  to  determine whether total disability continues and, in case a
  volunteer fireman receiving total disability  benefits  hereunder  shall
  refuse to permit any such examination to be made, such authorities shall
  be  authorized  to discontinue the payment of benefits to him until such
  examination is allowed.
    Third. Any such volunteer fireman who  shall  receive  injuries  while
  performing  his  duties as such, while in the fire house, while going to
  or returning from a fire by any  means  of  travel,  transportation,  or
  conveyance whatever, or while working at the fire or answering a call or
  fire  alarm  or  while  officially  engaged in testing or inspecting the
  apparatus, or equipment,  or  while  engaged  as  a  member  of  a  fire
  department,  or  fire  company,  emergency  relief  squad or fire police
  squad, or fire patrol  or  while  attending  a  fire  school,  or  while
  instructing  or  being  instructed in fire duties or while attending any
  drill or parade or inspection in which  his  company  or  department  is
  engaged,  or  while  engaged  in  emergency  work  not  related  to fire
  extinguishment or prevention or going to  or  returning  therefrom  when
  duly  authorized to participate therein, so as to necessitate medical or
  other lawful remedial treatment or prevent him from following his  usual
  vocation  on  account  thereof, shall be reimbursed for such sums as are
  actually and necessarily paid  for  medical  or  other  lawful  remedial
  treatment,  not  exceeding  five  hundred  dollars.  He  shall  also  be
  compensated for the time he was actually and necessarily prevented  from
  following  his  vocation or for the time of his disability on account of
  such injuries, at the rate of thirty-six dollars per week not to  exceed
  one thousand eight hundred dollars.
    Notice of an injury or death for which benefits are payable under this
  section  shall  be  given  to the municipal corporation or fire district
  responsible for the payment thereof within thirty days  after  receiving
  such  injury,  and  also  in  case of the death of the volunteer fireman
  resulting from such injury within thirty days  after  such  death.  Such
  notice  may  be  given  by  any  person  claiming to be entitled to such
  benefits or by someone in his behalf. The notice shall  be  in  writing,
  shall  contain  the name and address of the volunteer fireman, and state
  in ordinary language the time, place, nature and cause of the injury and
  shall be signed by him or by a person on  his  behalf  or,  in  case  of
  death,  by  any  one  or more of his dependents, or by a person on their
  behalf. The notice shall be given to the comptroller or chief  financial
  officer of the city, the clerk of the village, the secretary of the fire
  district,  or  the  town  clerk  of  the  town,  as  the case may be, by
  delivering it to such officer or by registered letter properly addressed
  to such officer. The failure to give notice of injury or notice of death
  shall be a bar to any claim under this section. Failure to  give  notice
  of  such injury or death within such thirty day period may be excused by
  the county judge who would have jurisdiction of a controversy under this
  section, upon petition and notice in the manner provided in  subdivision

  fifth  of  this section, either upon the ground that for some sufficient
  reason the notice had not been given, or that any member of  a  body  in
  charge  of,  or  any  officer of the fire department or fire company had
  knowledge  within  such  thirty day period, of the injuries or death, or
  that the municipal corporation or fire district has not been  prejudiced
  by a delay in giving such notice.
    Any  such  volunteer  fireman  who shall receive injuries as aforesaid
  shall, when certified by the chief or other  executive  officer  of  the
  fire department or by the appropriate administrative officers under whom
  he  serves, be received by any public, private, or semi-private hospital
  for care and treatment at the usual ward or semi-private patient  rates,
  including  charges  at the prevailing ward or semi-private patient rates
  for necessary nursing, laboratory tests, x-ray examinations and physical
  therapy, or,  in  case  any  such  hospital  has  a  contract  with  the
  municipality  served  by  such  volunteer  fireman,  then  at  the rates
  specified in such contract.
    Within two years after receiving  the  injury,  or  if  death  results
  therefrom  within  two  years after such death, a claim for the benefits
  under this section shall be filed with the same officer to whom a notice
  of an injury must  be  given,  as  aforesaid.  The  claim  shall  be  in
  substantially  the  same  form  and  shall  give  substantially the same
  information as is required to be given in a claim under  the  provisions
  of   section   twenty-eight   of   the   workmen's   compensation   law.
  Notwithstanding the provisions of any other law, any such claim need not
  be sworn to, verified or acknowledged.
    Payments of weekly benefits under this section shall  commence  within
  fifteen  days  after the filing of such claim, and payments of lump sum,
  and monthly,  death  benefits  under  this  section  shall  be  made  or
  commenced  within  thirty  days  after  such  filing.  In the event of a
  failure to make such payments within any such period or to continue  the
  same  for the time required therefor, a controversy shall be presumed to
  have arisen and a proceeding may thereupon  be  instituted  pursuant  to
  subdivision fifth of this section to compel such payment.
    Fourth.  In  cities  any  benefit  under  this section shall be a city
  charge and any claim therefor shall be audited  and  paid  in  the  same
  manner  as other city charges, except that no part of the moneys payable
  under this section shall be paid from the  pension  funds  of  the  said
  departments  therein.  In  villages  any such benefit shall be a village
  charge and any claim therefor shall be audited  and  paid  in  the  same
  manner as other village charges, and shall be assessed upon the property
  liable to taxation in said village, and levied and collected in the same
  manner  as  village taxes. In fire districts any such benefit shall be a
  fire district charge and any claim therefor shall be audited and paid in
  the same manner as other fire district charges, and  shall  be  assessed
  upon  the property in such fire districts liable to taxation, and levied
  and collected in the same manner as fire district taxes. If such fireman
  was a member of a town fire company or fire department or a member of  a
  fire company incorporated under the membership corporations law, located
  outside of a city, village or fire district, any such benefit shall be a
  town charge and any claim therefor shall be audited and paid in the same
  manner as town charges and shall be assessed upon the property liable to
  taxation  in the territory protected by such fire company and levied and
  collected in the same manner as town charges therein.  If  such  fireman
  was  a  member  of  a  fire  company or fire department operating in, or
  maintained jointly by two or more villages, or two or more towns, or two
  or more fire districts, any such benefit shall be a charge  against  the
  village,  town  or  fire  district,  in which the fire occurred. If such
  injury occur while assistance is being rendered to a  neighboring  city,

  town, village, fire district, fire protection district (including a fire
  protection  district  served  by the company or department of which such
  fireman is a member), fire alarm district, or territory outside any such
  district  upon the call of such city, town, village, fire district, fire
  protection district, fire alarm district, or territory outside any  such
  district, or while going to or returning from the place from whence such
  call  came, or death shall result from any such injury, any such benefit
  shall be a charge against such neighboring  city,  town,  village,  fire
  district,  fire  protection  district, fire alarm district, or territory
  outside any such district, so issuing the call for assistance and  after
  audit shall be paid and assessed upon the property liable to taxation in
  such  neighboring  city,  town,  village, fire district, fire protection
  district, fire alarm district, or territory outside any  such  district,
  and levied and collected in the same manner as other charges against the
  same are levied and collected.
    Any  city,  village,  fire district or town may finance the payment of
  any benefits payable  under  the  provisions  of  this  section  by  the
  issuance  of serial bonds or capital notes pursuant to the local finance
  law unless it is required by some other law to pay  such  benefits  from
  current funds.
    Any such city, village, fire district or the town board acting for and
  on  behalf  of  any  fire  protection  district,  fire alarm district or
  territory  outside  any  such  district,  may  contract  for   insurance
  indemnifying  against  the  liability  imposed by this section, provided
  further that such contract of insurance shall also indemnify against the
  liability imposed by the  workmen's  compensation  law  in  relation  to
  injuries  or  death of volunteer firemen, and the cost of such insurance
  shall be paid and provided in the same manner as benefits  are  required
  to be paid and provided in this section.
    If  any claim under this section is one for which an insurance company
  might be liable, or if it is a claim for which a  mutual  self-insurance
  plan  under  subdivision  three-a  of  section  fifty  of  the workmen's
  compensation law might be liable, the officer to whom a notice of injury
  is required to be delivered or mailed and with whom a claim is  required
  to  be  filed  under the provisions of this section shall send a copy of
  any such notice or claim and a  copy  of  any  notice  of  a  proceeding
  relating to an injury or claim to such insurance company or plan, as the
  case may be, promptly after receiving the same.
    Any  money  paid  to  an  executor  or  administrator under any of the
  provisions of this section shall be distributed in the  manner  provided
  by  law  for  the  distribution of personal property, and all money paid
  under this section shall be exempt from any process for  the  collection
  of debts either against the volunteer fireman or any beneficiary to whom
  the same is paid under the provisions of this section.
    No  release  from the liability imposed by this section shall be valid
  if it shall appear that  the  person  executing  such  release  has  not
  received the full amount to which he is entitled under the provisions of
  this section.
    The  words  "injury"  and "injuries", as used in this section, include
  any disablement of a volunteer fireman  as  the  direct  result  of  the
  performance of his duties.
    If  for  the  purpose  of  obtaining  any benefit or payment under the
  provisions of this section,  or  for  the  purpose  of  influencing  any
  determination  regarding  any benefit or payment under the provisions of
  this section, either for himself or for any  other  person,  any  person
  wilfully  makes  a false statement or representation, he shall be guilty
  of a misdemeanor.

    The provisions of this section relating to giving notice of injury and
  filing claim, and to the contents of any such notice or claim, shall  be
  construed  liberally  in order to effectuate the objects and purposes of
  this section.
    Fifth.  Any  controversy  arising  at any time under the provisions of
  this section shall be determined by the county judge of  any  county  in
  which  the  city,  village,  fire  district,  or  town,  which  would be
  responsible for payments  under  this  section,  is  located.  For  that
  purpose,  any party may present a petition to such county judge, setting
  forth the facts and rights which are claimed. A copy  of  such  petition
  and  notice  of the time and place when the same will be presented shall
  be served on all persons interested therein, at least eight  days  prior
  to such presentation.
    Sixth.  The  provisions  of  this section shall not apply to volunteer
  firemen killed or injured on or after the first day of  March,  nineteen
  hundred fifty-seven, or who die from the effects of injuries received on
  or after such date.