N.Y. General Municipal Law § 207-q: Firefighters; presumption in certain diseases

* § 207-q. Firefighters; presumption in certain diseases.

Notwithstanding any provision of this chapter or of any general, special

or local law to the contrary, and for the purposes of this chapter, any

condition of impairment of health caused by diseases of the lung,

resulting in total or partial disability or death to a uniformed member

of a paid fire department, where such member successfully passed a

physical examination on entry into such service or subsequent thereto,

which examination failed to reveal any evidence of such conditions,

shall be presumptive evidence that such disability or death (1) was

caused by the natural and proximate result of an accident, not caused by

such firefighter's own negligence and (2) was incurred in the

performance and discharge of duty, unless the contrary be proven by

competent evidence. The provisions of this section shall remain in full

force and effect to and including the thirtieth day of June, two

thousand eight.

* NB Expired July 1, 2008

* NB There are 2 § 207-q's