N.Y. Workers’ Compensation Law 316 – Record of enrollment
§ 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 his local office. Each record shall contain the name and address of the volunteer, the name of his employer, date of enrollment and authorized classification or assignment to duty, including the times of his assigned duty, as well as changes in or termination of enrollment. Such record shall be maintained in duplicate and the duplicate records shall be filed in separate places for greater security in the event of attack.
Terms Used In N.Y. Workers' Compensation Law 316
- Board: shall mean the workers' compensation board. See N.Y. Workers' Compensation Law 302
- Chairman: shall mean the chairman of the workers' compensation board. See N.Y. Workers' Compensation Law 302
- Civil defense volunteers: shall include those members of the civil defense forces under the provisions of the state defense emergency act who are volunteer persons serving without compensation in the personnel of volunteer agencies. See N.Y. Workers' Compensation Law 302
- Commission: shall mean the state civil defense commission created by article three of the state defense emergency act, and "state director" shall mean the New York state director of civil defense appointed under the provisions of said act. See N.Y. Workers' Compensation Law 302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Records of enrollment shall be open for inspection during usual business hours by the chairman or by an officer or employee of the board designated by the chairman. The local director shall furnish to the chairman on request such information in the record of enrollment as is required for administration of this article.
In the event of attack, actual or imminent, for which volunteers in any part of the area under the jurisdiction of a local director are mobilized, the local director shall forthwith deliver to the chairman one of such duplicate records of enrollment.
If the civil defense volunteers enrolled by a local office shall, in accordance with a mutual aid agreement approved by the New York state civil defense commission, respond to a request for assistance from any place, either within or without the state, which has suffered attack, and shall perform therein authorized civil defense duties, the local director shall forthwith deliver to the chairman one of such duplicate records of enrollment.
The information contained in such record of enrollment delivered to the chairman shall be prima facie evidence of information on which the chairman may rely in paying claims of civil defense volunteers or their dependents under this article; and if such record is not delivered to the chairman as required by this section, the burden of proving his right to compensation under this article in the case of civil defense volunteers of the local office shall rest on the claimant.