3 - Definitions.

§ 3. Definitions. As used in this chapter:    1.  "Volunteer  fireman"  means  an  active volunteer member of a fire  company.    2. "Fire company" means:    a. A fire company of a county, city, town, village  or  fire  district  fire  department,  whether or not any such company has been incorporated  under any general or special law,    b. A fire corporation incorporated under or subject to the  provisions  of article ten of the membership corporations law, which is not included  within  paragraph  a  above,  if  such  corporation  is by law under the  general control  of,  or  recognized  as  a  fire  corporation  by,  the  governing board of a city, town, village or fire district, or    c.  A  fire corporation incorporated under, or established pursuant to  the provision of, any general or special  law,  which  is  not  included  within paragraphs a and b above, if such corporation is by law under the  general  control  of,  or  recognized  as  a  fire  corporation  by, the  governing board of a city, town, village  or  fire  district  or  Indian  reservation.  Any  district  corporation which has the general powers of  and operates as a fire district shall be considered as a  fire  district  for the purposes of this chapter. A "fire department" may be composed of  one or more fire companies.    3.  "Line of duty" means the performance by a volunteer firefighter as  a volunteer firefighter  of  the  duties  and  activities  described  in  subdivision one of section five of this chapter and the same such duties  and  activities performed for a specialized team established pursuant to  the provisions of section two hundred nine-bb of the  general  municipal  law   for   which   the  volunteer  firefighter  does  not  receive  any  remuneration or a gratuity and shall be deemed to include  any  date  of  injury  as determined by the workers' compensation board pursuant to the  provisions of section forty-one of this chapter. The following shall not  be deemed to be remuneration or a gratuity:  reimbursement  of  expenses  for  meals,  lodging  and  actual and necessary travel; the receipt of a  mileage allowance in lieu of travel expense; reimbursement  of  expenses  for registration and tuition fees payable under section seventy-two-g of  the  general  municipal law, and the acceptance of transportation, food,  drink, shelter, clothing and similar items while on duty or  engaged  in  such activities.    4.  "Injury"  includes  any  disablement  of  a volunteer fireman that  results from services performed in line of  duty  and  such  disease  or  infection as may naturally and unavoidably result from an injury.    5.  "Child" includes a posthumous child, a child legally adopted prior  to the injury of the volunteer fireman; and a step-child or acknowledged  child born out of wedlock dependent upon the deceased volunteer fireman.    6. "Surviving  spouse"  means  the  legal  wife  of  a  deceased  male  volunteer  fireman  or  the legal husband of a deceased female volunteer  fireman, as the case may be, but shall not  include  a  spouse  who  has  abandoned   the   deceased.  The  term  "abandoned",  as  used  in  this  subdivision, means such an abandonment  as  would  be  sufficient  under  section  eleven hundred sixty-one of the civil practice act to sustain a  judgment of separation on that ground.    7.  "Dependent"  includes  a  surviving  spouse  entitled  to  receive  benefits  under  this  chapter, whether or not actually dependent upon a  volunteer fireman, unless a contrary meaning is clearly intended.    8. "Earning capacity", except as herein provided, means:    a. The ability of a volunteer fireman to  perform  on  a  five-day  or  six-day basis either the work usually and ordinarily performed by him in  his remunerated employment or other work which for any such worker wouldbe  a  reasonable  substitute for the remunerated employment in which he  was employed at the time of his injury, or    b.  The  ability  of  a  volunteer fireman to perform on a five-day or  six-day basis either the work usually and ordinarily performed by him in  the practice of his profession  or  in  the  conduct  of  his  trade  or  business,  including  farming,  and  from  which  he could derive earned  income or other work which for any such person  would  be  a  reasonable  substitute for the profession, trade or business in which he was engaged  at the time of his injury.    Every  volunteer  fireman shall be considered to have earning capacity  and, if the provisions of paragraphs a and b above are not applicable in  any given case, the workmen's compensation board,  in  the  interest  of  justice,   shall  determine  the  reasonable  earning  capacity  of  the  volunteer fireman with due regard to the provisions of  such  paragraphs  and  the work he reasonably could be expected to obtain and for which he  is qualified by age, education, training and experience. The ability  of  a  volunteer fireman to perform the duties of a volunteer fireman, or to  engage  in  activities  incidental  thereto,  may   be   considered   in  determining  loss  of earning capacity, but the inability of a volunteer  fireman to perform such duties or to engage in such activities shall not  be a basis of determining loss of earning capacity.    9. "State" includes all territory within the boundaries of  the  state  of  New  York,  including  territory  which has been or may hereafter be  ceded to the federal government or to the United Nations  and  territory  within the boundaries of Indian reservations.    10.  "Political  subdivision"  means  a county, city, town, village or  fire district.    11. "State fund" means  the  state  insurance  fund  provided  for  in  article six of the workmen's compensation law.    12.   "County   plan   of  self-insurance"  means  a  county  plan  of  self-insurance under article five of the workmen's compensation law.    13. "Insurance carrier" means the state fund, the stock  corporations,  mutual corporations or reciprocal insurers described in subdivision nine  of section thirty of this chapter, a county plan of self-insurance, or a  self-insuring  political  subdivision.  For  purposes of this chapter, a  nonprofit property/casualty insurance company which is licensed pursuant  to subsection (b) of section six thousand  seven  hundred  four  of  the  insurance  law  shall  be  deemed  a  stock  corporation and a nonprofit  property/casualty insurance company which is licensed  as  a  reciprocal  insurer pursuant to subsection (c) of section six thousand seven hundred  four of the insurance law shall be deemed a reciprocal insurer.    14.  "Emergency"  includes  the search for persons and the search for,  and attempts to recover or the  recovery  of,  bodies  of  persons  even  though it is possible or is known that all hope of life is gone.    15.  "Fund  raising  activity"  means  a  method  of  raising funds to  effectuate the lawful purposes of a fire company, but shall not  include  any method prohibited by the state constitution or the penal statutes of  this  state,  public  fireworks  displays unless conducted in compliance  with section 405.00 of the penal law. Such term "fund raising  activity"  shall  not  include  drills,  parades, inspections, reviews, competitive  tournaments, contests or public exhibitions, described in  paragraphs  e  and  i  of  subdivision one of section five of this chapter, even though  prizes are awarded at such  events.  Such  fund  raising  activity  must  comply  with  all  the requirements of section two hundred four-a of the  general municipal law.    16. "Minor" or "infant" means a person who has not attained the age of  eighteen years.17. The "workers' compensation rating board" or the "New York workers'  compensation rating board" shall have the meaning set forth  in  section  two of the workers' compensation law.