New York Laws
Title 8 - Death Benefits and Disability Retirement
363-F - Firefighters; Presumption in Certain Diseases.

* § 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

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