Presumes certain diseases impairing the health of a uniformed member of a paid police department in a city with a population of one million or more to have been incurred in the performance and discharge of duty if a previous physical found no evidence of such disease.
STATE OF NEW YORK
________________________________________________________________________
3186
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
___________
Introduced by M. of A. CYMBROWITZ, CUSICK, N. RIVERA -- Multi-Sponsored
by -- M. of A. V. LOPEZ, LUPARDO, MILLMAN, PHEFFER -- read once and
referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to certain
impairments of health presumed incurred in the performance of duty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 207-r to read as follows:
3 § 207-r. Police officers; presumption in certain diseases. Notwith-
4 standing any provision of this chapter or of any general, special or
5 local law to the contrary, and for the purposes of this chapter, any
6 condition of impairment of health caused by (1) diseases of the lung, or
7 (2) any condition of cancer affecting the lymphatic, digestive, hemato-
8 logical, urinary, neurological, breast, reproductive or prostate
9 systems, or (3) melanoma resulting in total or partial disability or
10 death to a uniformed member of a paid police department in a city with a
11 population of one million or more where such member successfully passed
12 a physical examination on entry into such service or subsequent thereto,
13 which examination failed to reveal any evidence of such conditions,
14 shall be presumptive evidence that it was incurred in the performance
15 and discharge of duty, unless the contrary be proven by competent
16 evidence.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07794-01-1
