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N.Y. Retire. & Soc. Sec. Law § 363-d

Certain impairments of health; presumption

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
* § 363-d. Certain impairments of health; presumption. Notwithstanding\nany other provisions of this chapter to the contrary, any (i) melanoma\nor (ii) condition of cancer affecting the lymphatic, digestive,\nhematological, urinary, neurological, breast, reproductive, or prostate\nsystems, resulting in total or partial disability or death to a paid\nfirefighter, who successfully passed a physical examination on entry\ninto firefighter service, which examination failed to reveal any\nevidence of such melanoma or condition, shall be presumptive evidence\nthat, unless the contrary be proven by competent evidence, such\ndisability or death (a) was caused by the natural and proximate result\nof an accident, not caused by such firefighter's own willful negligence,\nand (b) was sustained in the performance and discharge of duty. The\nprovisions of this section shall remain in full force and effect to and\nincluding the thirtieth day of June, two thousand five.\n * NB Expired July 1, 2005\n
§ 363-d. Certain impairments of health; presumption. Notwithstanding\nany other provisions of this chapter to the contrary, any (i) melanoma\nor (ii) condition of cancer affecting the lymphatic, digestive,\nhematological, urinary, neurological, breast, reproductive,\nendocrine/thyroid or prostate systems, resulting in total or partial\ndisability or death to a paid firefighter, who successfully passed a\nphysical examination on entry into firefighter service, which\nexamination failed to reveal any evidence of such melanoma or condition,\nshall be presumptive evidence that, unless the contrary be proven by\ncompetent evidence, such disability or death (a) was caused by the\nnatural and proximate result of an accident, not caused by such\nfirefighter's own willful negligence, and (b) was sustained in the\nperformance and discharge of duty. The provisions of this section shall\nremain in full force and effect pursuant to section four hundred eighty\nof this chapter.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.