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New York

Coverage: Cancer, Infectious Disease

Code Part: Laws of New York
§363 Retirement and Social Security Law
§363-d Certain impairments of health; presumption.
§363-dd Impairments of health; presumption

Description: §363-d. Certain impairments of health; presumption. Notwithstanding any other provisions of this chapter to the contrary, any (i) melanoma or (ii) condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems, resulting in total or partial disability or death to a paid firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such melanoma or condition, shall be presumptive evidence that, unless the contrary be proven by competent evidence, such disability or death (a) was caused by the natural and proximate result of an accident, not caused by such firefighter's own willful negligence, and (b) was sustained in the performance and discharge of duty. The provisions of this section shall remain in full force and effect to and including the thirtieth day of June, two thousand five. §363-dd. Impairments of health; presumption. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, any police officer or firefighter who is covered by the provisions of section three hundred sixty-three of this title and who contracts HIV, tuberculosis or hepatitis after contact with members of the public (where there may have been an exposure to a bodily fluid) will be presumed to have contracted such disease in the performance or discharge of his or her duties as the natural and proximate result of an accident and to be disabled from the performance of his or her duties unless the contrary be proven by competent evidence.

New York Legislative Web Site

As our state and provincial associations are continuing to introduce and pass presumptive legislation through their legislative efforts, this database will soon need updating. If in reading the legislation in your state or province you realize that our information is not the latest, please click HERE to submit your changes for review.

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Copyright © 2009 International Association of Fire Fighters. Last Modified: 11/21/2009