New York Laws
Title 8 - Death Benefits and Disability Retirement
363-D - Certain Impairments of Health; Presumption.

* § 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

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