Provides that any: (i) melanoma; or (ii) condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total or partial disability or death to a volunteer firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such a melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proven by competent evidence.
STATE OF NEW YORK
________________________________________________________________________
9100
IN ASSEMBLY
January 20, 2012
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Local Governments
AN ACT to amend the volunteer firefighters' benefit law, in relation to
the expansion of coverage to include cancer of the digestive, hemato-
logical, lymphatic, urinary, prostate, neurological, breast and repro-
ductive systems; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The volunteer firefighters' benefit law is amended by
2 adding a new section 11-d to read as follows:
3 § 11-d. Certain impairments of health; presumption. Notwithstanding
4 any other provision of this chapter to the contrary, any: (i) melanoma;
5 or (ii) condition of cancer affecting lymphatic, digestive, hematologi-
6 cal, urinary, prostate, neurological, breast or reproductive systems,
7 resulting in total or partial disability or death to a volunteer fire-
8 fighter, who successfully passed a physical examination on entry into
9 firefighter service, which examination failed to reveal any evidence of
10 such a melanoma or condition, shall be presumptive evidence that it was
11 incurred in the performance and discharge of duty unless the contrary be
12 proven by competent evidence.
13 § 2. This act shall take effect immediately and shall expire and be
14 deemed repealed June 30, 2016.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09945-03-2
