N.Y. Retirement & Social Security Law § 363-d: Certain impairments of health; presumption

§ 363-d. Certain impairments of health; presumption. Notwithstanding

any other provisions of this chapter to the contrary, any (i) melanoma

or (ii) condition of cancer affecting the lymphatic, digestive,

hematological, urinary, neurological, breast, reproductive,

endocrine/thyroid or prostate systems, resulting in total or partial

disability or death to a paid firefighter, who successfully passed a

physical examination on entry into firefighter service, which

examination failed to reveal any evidence of such melanoma or condition,

shall be presumptive evidence that, unless the contrary be proven by

competent evidence, such disability or death (a) was caused by the

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

firefighter's own willful negligence, and (b) was sustained in the

performance and discharge of duty. The provisions of this section shall

remain in full force and effect pursuant to section four hundred eighty

of this chapter.