Presumptive Disability Law in New York

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CODE PART:
Laws of New York
Title 8 - DEATH BENEFITS AND DISABILITY RETIREMENT
Sec. 363-a Firemen and policemen; certain disabilities.
Sec. 363-d Certain impairments of health; presumption.
Sec. 363-dd Impairments of health; presumption
Sec. 363-f Firefighters; presumption in certain diseases.
New York Legislative Website
DESCRIPTION:
Sec. 363-a.
Firemen and policemen; certain disabilities.
  1. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a fireman shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence.
  2. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a policeman, presently employed, and who shall have sustained such disability while so employed, shall be presumptive evidence that is was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.
  3. As used in this section, the term "fireman" and "policeman" means any member who is performing police or fire service, as the phrase police or fire service is defined in paragraphs a, b, c, d, g, and h of subdivision eleven of section three hundred two of this article, and who, prior to entry into service as a fireman or policeman, successfully passed a physical examination which failed to disclose evidence of any disease or other impairment of the heart.
  4. The provisions of this section shall remain in full force and effect to and including August thirty-first, nineteen hundred seventy-six.
* NB Expired August 31, 1976 -- Kept alive per sub. a of ยง 480

Sec. 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.

* NB Expired July 1, 2005

Sec. 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.

Sec. 363-f.

Firefighters; presumption in certain diseases. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, and for the purposes of this chapter, any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death to a uniformed member of a paid fire department, where such member successfully passed a physical examination on entry into such service or subsequent thereto, which examination failed to reveal any evidence of such conditions, shall be presumptive evidence that such disability or death (1) was caused by the natural and proximate result of an accident, not caused by such firefighter's own negligence and (2) was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence. The provisions of this section shall remain in full force and effect to and including the thirtieth day of June, two thousand eight.

* NB Expired July 1, 2008