N.Y. Workers' Compensation Law § 161: Definitions

§ 161. Definitions. Whenever used in this article:

1. "Participant in World Trade Center rescue, recovery, or cleanup

operations" means any (a) employee who within the course of employment,

or (b) volunteer upon presentation to the board of evidence satisfactory

to the board that he or she:

(i) participated in the rescue, recovery, or cleanup operations at the

World Trade Center site between September eleventh, two thousand one and

September twelfth, two thousand two; or

(ii) worked at the Fresh Kills Land Fill in New York city between

September eleventh, two thousand one and September twelfth, two thousand

two, or

(iii) worked at the New York city morgue or the temporary morgue on

pier locations on the west side of Manhattan between September eleventh,

two thousand one and September twelfth, two thousand two, or

(iv) worked on the barges between the west side of Manhattan and the

Fresh Kills Land Fill in New York city between September eleventh, two

thousand one and September twelfth, two thousand two.

2. "World Trade Center site" means anywhere below a line starting from

the Hudson River and Canal Street; east on Canal Street to Pike Street;

south on Pike Street to the East River; and extending to the lower tip

of Manhattan.

3. "Qualifying condition" means any of the following diseases or

conditions resulting from a hazardous exposure during participation in

World Trade Center rescue, recovery or clean-up operations:

(a) Diseases of the upper respiratory tract and mucosae, including

conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis,

laryngitis, vocal cord disease, upper airway hyper-reactivity and

tracheo-bronchitis, or a combination of such conditions;

(b) Diseases of the lower respiratory tract, including but not limited

to bronchitis, asthma, reactive airway dysfunction syndrome, and

different types of pneumonitis, such as hypersensitivity, granulomatous,

or eosinophilic;

(c) Diseases of the gastroesophageal tract, including esophagitis and

reflux disease, either acute or chronic, caused by exposure or

aggravated by exposure;

(d) Diseases of the psychological axis, including post-traumatic

stress disorder, anxiety, depression, or any combination of such

conditions; or

(e) New onset diseases resulting from exposure as such diseases occur

in the future including cancer, chronic obstructive pulmonary disease,

asbestos-related disease, heavy metal poisoning, musculoskeletal disease

and chronic psychological disease.

4. "Disablement" shall have the same meaning as defined in section

thirty-seven of this chapter and determined by the board in the same

manner as provided in section forty-two of this chapter.