Bill Text: NY A01552 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-03 - print number 1552a [A01552 Detail]

Download: New_York-2013-A01552-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1552--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. KOLB, GUNTHER, PALMESANO, SKOUFIS -- Multi-Spon-
         sored by -- M.  of A. McLAUGHLIN -- read  once  and  referred  to  the
         Committee  on  Local  Governments  --  recommitted to the Committee on
         Local Governments in accordance  with  Assembly  Rule  3,  sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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    S  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    S 2. This act shall take effect immediately and shall  expire  and  be
   14  deemed repealed June 30, 2018.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03324-02-4