Sec. 7-314a. Death, disability and injury benefits. Presumption.
Sec. 7-314a. Death, disability and injury benefits. Presumption. (a) Except as
provided in subsections (e) and (f) of this section, active members of volunteer fire
departments and active members of organizations certified as a volunteer ambulance
service in accordance with section 19a-180 shall be construed to be employees of the
municipality for the benefit of which volunteer fire services or such ambulance services
are rendered while in training or engaged in volunteer fire duty or such ambulance service
and shall be subject to the jurisdiction of the Workers' Compensation Commission
and shall be compensated in accordance with the provisions of chapter 568 for death,
disability or injury incurred while in training for or engaged in volunteer fire duty or
such ambulance service.
(b) For the purpose of this section, the average weekly wage of a volunteer fireman
or volunteer ambulance service member shall be construed to be the average production
wage in the state as determined by the Labor Commissioner under the provisions of
section 31-309.
(c) For the purpose of this section, there shall be no prorating of compensation
benefits because of other employment by a volunteer fireman or volunteer ambulance
service provider.
(d) For the purpose of adjudication of claims for the payment of benefits under the
provisions of chapter 568, any condition of impairment of health occurring to an active
member of a volunteer fire department or organization certified as a volunteer ambulance
service in accordance with section 19a-180 while such member is in training for or
engaged in volunteer fire duty or such ambulance service, caused by hypertension or
heart disease resulting in death or temporary or permanent total or partial disability,
shall be presumed to have been suffered in the line of duty and within the scope of
his employment, provided such member had previously successfully passed a physical
examination by a licensed physician appointed by such department or ambulance service
which examination failed to reveal any evidence of such condition.
(e) Any member of a volunteer fire company or department or organization certified
as a volunteer ambulance service in accordance with section 19a-180 performing fire
duties or such ambulance service pursuant to a mutual aid understanding between municipalities shall be entitled to all benefits pursuant to this section and shall be construed
to be an employee of the municipality in which his fire company or department or such
ambulance service is located.
(f) Any member of a volunteer fire company or department and any person summoned by the State Forest Fire Warden or by any state forest fire personnel or district
or deputy fire warden under the supervision of the State Forest Fire Warden pursuant
to section 23-37, who performs fire duties under the direction of such personnel or
warden pursuant to section 23-37, shall be construed to be an employee of the state for
the purpose of receiving compensation in accordance with the provisions of chapter 568
for death, disability or injury incurred while performing such fire duties under such
direction.
(1967, P.A. 892, S. 2; 1969, P.A. 464, S. 1; P.A. 79-376, S. 10; P.A. 89-22, S. 2, 3; P.A. 95-243, S. 1; June 18 Sp. Sess.
P.A. 97-8, S. 84, 88; June 18 Sp. Sess. P.A. 97-10, S. 4, 7.)
History: 1969 act deleted provision distinguishing state and municipal employees acting as volunteer firemen from
others in Subsec. (a) and added Subsecs. (c) and (d) prohibiting prorating of compensation benefits and making provisions
concerning hypertension and heart disease; P.A. 79-376 substituted "workers' compensation" for "workmen's compensation"; P.A. 89-22 added Subsec. (e) concerning liability for workers' compensation coverage for firemen injured while
performing duties pursuant to a mutual aid agreement, amending Subsec. (a) to reflect its inclusion; P.A. 95-243 added
Subsec. (f) to include members of a volunteer fire company or department and any person summoned by the State Forest
Fire Warden who performs fire fighting duty under such authority as an employee of the state for workers'compensation
purposes and amended Subsec. (a) to refer to said subsection; June 18 Sp. Sess. P.A. 97-8 added volunteer and municipal
ambulance service members as employees, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-10 deleted references to
municipal ambulance service members as employees, effective July 1, 1997.
Workmen's compensation commissioners have jurisdiction over claims arising under statute. 159 C. 53. Volunteer
firemen injured on duty come within this section, not section 31-310, although regularly employed in an industry. Id.
Section "... speaks to the conduct of towns". 209 C. 268. Cited. 220 C. 739. Cited. 223 C. 911. Cited. 224 C. 479.
Cited. 15 CA 84. Cited. 37 CA 835.
Subsec. (a):
Volunteer firefighter's participation in basketball program arranged by the volunteer fire department does not constitute
training. 281 C. 600.
"In training for" means a person is being trained in fire duties, rather than in general physical fitness. 95 CA 52.
Subsec. (b):
Cited. 38 CA 754.
Subsec. (d):
Cited. 44 CS 230.