Establishes presumption that cancer related disabilities suffered by volunteer firefighters were caused by an accident and incurred in the performance of firefighting duties.
STATE OF NEW YORK
________________________________________________________________________
3653
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. GRAF, HYNDMAN, LUPINACCI, McDONOUGH, ORTIZ, RA,
MURRAY, RAIA, GARBARINO, WALTER, STECK, LAWRENCE, RICHARDSON, McKEV-
ITT, SALADINO, COLTON, BLANKENBUSH, FINCH -- Multi-Sponsored by -- M.
of A. CROUCH, LOPEZ, MAGEE, McLAUGHLIN, PALMESANO, PICHARDO -- read
once and referred to the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law, in relation to
establishing a presumption relating to certain cancer related disabil-
ities incurred by volunteer firefighters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 11-c of the volunteer firefighters' benefit law, as
2 added by chapter 606 of the laws of 2006, is amended to read as follows:
3 § [11-c] 11-d. Volunteer firefighters; presumption in certain
4 diseases. Notwithstanding any provision of this chapter or of any
5 general, special or local law to the contrary, and for the purposes of
6 this chapter, any condition of impairment of health caused by diseases
7 of the lung and/or cancer disabilities, resulting in total or partial
8 disability or death to a volunteer firefighter, where such volunteer
9 firefighter successfully passed a physical examination on entry into
10 such service or subsequent thereto, which examination failed to reveal
11 any evidence of such conditions, shall be presumptive evidence that such
12 disability or death (a) was caused by the natural and proximate result
13 of an accident, not caused by such firefighter's own negligence and (b)
14 was incurred in the performance and discharge of duty, unless the
15 contrary be proven by competent evidence.
16 § 2. This act shall take effect immediately, provided that the amend-
17 ments to section 11-c of the volunteer firefighters' benefit law, made
18 by section one of this act shall not affect the expiration and repeal of
19 such section, and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05683-01-7
