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New York · Through 2026-09-11

N.Y. Workers' Compensation Law § 47: Presumption as to the cause of disease

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Where this section sits in the code
  1. Workers' Compensation Law
  2. Article 3. Occupational Diseases

§ 47. Presumption as to the cause of disease. If the employee, at or

immediately before the date of disablement, was employed in any process

mentioned in the second column of the schedule of diseases in

subdivision two of section three of this chapter, and his or her disease

is the disease in the first column of such schedule set opposite the

description of the process, the disease presumptively shall be deemed to

have been due to the nature of that employment. Any exposure to the

hazards of compressed air after July first, nineteen hundred forty-six

shall be presumed, in the absence of substantial evidence to the

contrary, to be injurious exposure. Any exposure to the hazards of

harmful dust in this state for a period of sixty days after September

first, nineteen hundred thirty-five, shall be presumed, in the absence

of substantial evidence to the contrary, to be an injurious exposure.

With respect to any state or local correction officer as defined in

subdivision twenty-five of section 2.10 of the criminal procedure law,

safety and security officer employed by the office of mental health,

security hospital treatment assistant employed by the office of mental

health, any uniformed court officer or court clerk of the unified court

system having the powers of peace officer, the court reporter or the

court interpreter, an exposure to the blood or bodily fluid of an

individual, incarcerated, confined or otherwise, during the course of

his or her employment that is reported in writing to such correction

officer's, safety and security officer's, security hospital treatment

assistant's, uniformed court officer's, court clerk's, court reporter's

or court interpreter's employer within twenty-four hours of such

exposure, shall be presumed, in the absence of substantial evidence to

the contrary, to be an injurious exposure if, subsequent to such

exposure, such correction officer, safety and security officer, security

hospital treatment assistant, uniformed court officer, court clerk,

court reporter or court interpreter is diagnosed with a blood-borne

disease, including, but not limited to hepatitis C.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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