New York § 5 - 5Coverage

§ 5. 5Coverage

§ 5. Coverage. 1. The duties and activities in relation to which benefits shall be paid and provided pursuant to this chapter are: a. Necessary travel to, working at, and necessary travel returning from an accident, alarm of accident, or other duty to which his ambulance department, ambulance company, or any unit thereof, either has responded or would be required or authorized to respond, including necessary travel during such work or incidental thereto. b. While, within the state, personally assisting another ambulance department, ambulance company, or any unit thereof, including, after his services have been duly accepted, necessary travel to and returning from such work and necessary travel during such work or incidental thereto. c. While, within the state and pursuant to orders or authorization, performing duties at the ambulance facility, or elsewhere, directly related to; (1) the prevention of accidents or other disasters, or (2) the delivery of emergency health care. d. While, within this country or in Canada and pursuant to orders or authorization, instructing or being instructed in ambulance duties, attending a training school or course of instruction for ambulance workers, or attending or participating in any noncompetitive training program, including necessary travel directly connected therewith. e. While, within the state, any adjoining state or in Canada and pursuant to orders or authorization, attending or participating in any drill, parade, funeral, inspection or review in which his ambulance department, ambulance company, or any unit thereof, is engaged, including necessary travel directly connected therewith. f. While, within the state and pursuant to orders or authorization, attending or working at meetings of his ambulance department or ambulance company, or any organized unit thereof, at the ambulance facility or other regular or special headquarters of the department, company or unit, including necessary travel directly connected therewith other than travel to or returning from such meetings. g. While, within the state and pursuant to orders or authorization, working in connection with the construction, testing, inspection, repair or maintenance of (1) the ambulance facility and the fixtures, furnishings and equipment thereof, and (2) the ambulance vehicles, ambulance apparatus and equipment used by the ambulance department, ambulance company, or other unit thereof, including necessary travel directly connected therewith other than travel to or returning from such work. h. While, within the state, any adjoining state or in Canada and pursuant to orders or authorization, practicing for, or participating as a contestant or an official in, any competitive tournament, contest or public exhibition conducted for ambulance workers which is intended to promote the efficiency of the ambulance department, ambulance company or any unit thereof, including necessary travel directly connected therewith other than travel to and returning from such practice. The actual rendition of ambulance or other emergency service shall not be deemed "practicing" within the meaning of this paragraph. i. While, pursuant to orders or authorization, engaged in the inspection of ambulance vehicles and ambulance apparatus prior to delivery under a contract of purchase, or performing duties in relation to the delivery thereof, including necessary travel directly connected therewith. j. While, within this country or Canada and pursuant to orders or authorization, attending a convention or conference of ambulance workers or ambulance officers as the authorized delegate or representative of his ambulance department, ambulance company or any unit thereof, including necessary travel directly connected therewith. k. While, within the state and pursuant to orders or authorization, working in connection with a fund raising activity of his ambulance company, including necessary travel directly connected therewith, but shall not include competitive events in which volunteer ambulance workers are competitors, such as baseball, basketball, football, bowling, tugs of war, donkey baseball, donkey basketball, boxing, wrestling, contests between bands or drum corps, or other competitive events in which volunteer ambulance workers are competitors and which involve physical exertion on the part of the competitors. l. While, within the state, performing duties in an area other than his or her own related to the delivery of emergency health care prior to the arrival of the ambulance department, ambulance company, or any unit thereof that is responsible for the provision of such care in that area, provided that the volunteer ambulance workers' municipality, ambulance department, ambulance company, or any unit thereof, adopts a resolution granting coverage for such duties. Upon the arrival of the ambulance department, ambulance company, or any unit thereof responsible for emergency health care in the area, such volunteer ambulance worker shall be entitled to benefits in the manner set forth in paragraph b of this subdivision. 2. Benefits shall not be paid and provided pursuant to this chapter in the following instances: a. Work or service rendered by a volunteer ambulance worker while on a leave of absence pursuant to the general municipal law or pursuant to any other general, special or local law, charter or ordinance or pursuant to the constitution, by-laws, rules or regulations applicable to the ambulance company or ambulance department of which he is a member. b. Practice for and participation in any recreational, social, or fund raising activity other than a fund raising activity for which coverage is provided under paragraph k of subdivision one of this section. c. Work or service rendered by a volunteer ambulance worker while suspended from duty pursuant to any general, special or local law, charter or ordinance or pursuant to the constitution, by-laws, rules or regulations applicable to the ambulance company or ambulance department of which he is a member. d. Work or service not rendered as a volunteer ambulance worker, but rendered as an officer, official or employee of a public corporation or any special district thereof, whether with or without remuneration, even though by law a requirement for such office, position or employment shall be that such officer, official or employee shall have been or must be a volunteer ambulance worker. e. Work or service not rendered as a volunteer ambulance worker, but rendered in the course of his employment for a private employer. f. Work, service or activities in which the volunteer ambulance worker has been ordered not to participate. This subdivision shall not be deemed to enumerate all of the activities engaged in by volunteer ambulance workers for which mandatory coverage is not provided by this chapter, or to prohibit any of the activities described in this subdivision, or to prevent the securing of insurance pursuant to section four thousand two hundred thirty-seven of the insurance law to cover volunteer ambulance workers when engaged in activities other than those for which mandatory coverage is provided by this chapter.