An application for § 207-c Benefits shall not be considered unless the employee has filed notice with the employer of the circumstances which gave rise to the claim for § 207-c Benefits. Said notice shall be made to the Sheriff within 10 days of the incident. The Sheriff shall file a C-2 form (employer's report of injury) within the ten-day time period required for filing of C-2 forms.
A claim for § 207-c Benefits shall be made, in writing, to the Insurance Administrator using an application form provided for such purpose. The application form shall include:
A. 
A written report of the incident(s) or circumstances giving rise to the claim for benefits.
B. 
The time, date and place where such incident occurred.
C. 
The nature and extent of the claimant's injury or illness.
D. 
The claimed injury or illness.
E. 
Such other information as is deemed necessary for investigation and processing of the claim.
An application for § 207-c Benefits may be made by the claimant, the Sheriff on the claimant's behalf or some other person acting on behalf of the claimant.
An application shall be filed with the Insurance Administrator within 10 days from the date of the incident alleged to have given rise to the claim of disability or illness, or from the time such condition is discovered, whichever date is later. The Insurance Administrator may excuse the failure to file the application within this ten-day period upon a showing of good cause.
After the filing of said application, the claimant shall submit to one or more medical or other health examinations as may be directed by the Insurance Administrator, including examinations necessary to make an initial determination on the application, examinations or inspections conducted to determine if the claimant has recovered and is able to perform his or her regular duties, and/or examinations required to process an application for an accidental disability retirement. A failure or refusal to report to a medical or other health examination shall be deemed to be a waiver of rights to reimbursement of medical expenses and to payment of full salary and wages after such a failure or refusal. The claimant shall be provided with notice of intent to discontinue benefits together with the right to request a hearing in accordance with § 70-24 of this Part 1. In the discretion of the Insurance Administrator, such benefits may be suspended immediately.
The Insurance Administrator shall have exclusive authority to initially determine a claimant's eligibility for § 207-c Benefits.
The Insurance Administrator shall inquire into the facts of each application and shall have authority to:
A. 
Employ experts and specialists.
B. 
Require the attendance of the claimant and all other witnesses for testimony upon reasonable notice.
C. 
Require the claimant to sign forms for release of medical information with respect to the claimant.
D. 
Require the production of all books, papers, documents and other records pertaining to such injury.
E. 
Do all that is necessary or advisable in the processing of such application.
Pending the initial determination of any application, time off taken by the claimant and purported to be attributable to the incident or circumstances giving rise to the application shall be charged to the claimant's leave time accruals in the following order: sick leave, compensatory leave, personal leave, vacation leave and such other leave time accruals as may exist. After the exhaustion of all of the claimant's available leave time, the Insurance Administrator may authorize the payment of the claimant's § 207-c Benefits if it appears probable that the claimant will be eligible for such benefit and the Insurance Administrator so determines.
The Insurance Administrator shall mail written notice of an initial determination of eligibility to the claimant at the address specified in the application.
If the claimant is determined to be eligible for § 207-c Benefits, any charges levied against the claimant's leave time accruals under § 70-11 of this Part 1 shall be recredited to the claimant. If, in the judgment of the Insurance Administrator, the claimant is determined to be permanently disabled, the Insurance Administrator shall notify the Personnel Officer. Upon receipt of a notice of a claimant's permanent disability, the Personnel Officer shall request that the claimant make application for an accidental disability retirement allowance pursuant to § 363 of the Retirement and Social Security Law, a retirement for disability incurred in performance of duty allowance pursuant to § 363-C of the Retirement and Social Security Law, or similar accidental disability pension provided by the pension fund of which the claimant is a member. If application for such retirement is not made by the claimant, application therefore may be made by the Sheriff or Personnel Officer.
If the claimant is determined to be ineligible for § 207-c Benefits, then any moneys paid under § 70-11 of this Part 1, including the value of improperly charged leave time accruals, shall be refunded to and may be recovered by the county in a civil action.
At any time within 20 days after mailing of the notice of determination, the claimant or other person authorized by the claimant may request a hearing on the application by serving a written demand for such a hearing on the Insurance Administrator. Pending a decision under this section, the claimant may use available vacation, compensatory, sick or personal leave accruals, provided that if the claimant is determined to be ineligible for § 207-c Benefits, any moneys paid under this section for the value of sick leave or personal leave shall be refunded to and may be recovered by the county in a civil action.