New York Retirement and Social Security Code § 363-F

Firefighters; presumption in certain diseases
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* § 363-f. Firefighters; presumption in certain diseases.\nNotwithstanding any provision of this chapter or of any general, special\nor local law to the contrary, and for the purposes of this chapter, any\ncondition of impairment of health caused by diseases of the lung,\nresulting in total or partial disability or death to a uniformed member\nof a paid fire department, where such member successfully passed a\nphysical examination on entry into such service or subsequent thereto,\nwhich examination failed to reveal any evidence of such conditions,\nshall be presumptive evidence that such disability or death (1) was\ncaused by the natural and proximate result of an accident, not caused by\nsuch firefighter's own negligence and (2) was incurred in the\nperformance and discharge of duty, unless the contrary be proven by\ncompetent evidence. The provisions of this section shall remain in full\nforce and effect to and including the thirtieth day of June, two\nthousand eight.\n  * NB Expired July 1, 2008\n

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