Legislation
SECTION 363-D
Certain impairments of health; presumption
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 8
§ 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,
endocrine/thyroid 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 pursuant to section four hundred eighty
of this chapter.
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,
endocrine/thyroid 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 pursuant to section four hundred eighty
of this chapter.