Section 363-A. Firemen and policemen; certain disabilities  


Latest version.
  • 1.
      Notwithstanding any provision of this chapter or of any general, special
      or local law to the contrary, any  condition  of  impairment  of  health
      caused  by  diseases of the heart, resulting in disability or death to a
      fireman shall be presumptive  evidence  that  it  was  incurred  in  the
      performance  and  discharge of duty and the natural and proximate result
      of an accident, unless the contrary be proved by competent evidence.
        2. Notwithstanding any provision of this chapter or  of  any  general,
      special  or  local  law  to the contrary, any condition of impairment of
      health caused by diseases of the heart, resulting in disability or death
      to a policeman, presently employed, and who shall  have  sustained  such
      disability  while so employed, shall be presumptive evidence that is was
      incurred in the performance and discharge of duty, unless  the  contrary
      be proved by competent evidence.
        3.  As  used in this section, the term "fireman" and "policeman" means
      any member who is performing police  or  fire  service,  as  the  phrase
      police  or fire service is defined in paragraphs a, b, c, d, g, and h of
      subdivision eleven of section three hundred two  of  this  article,  and
      who, prior to entry into service as a fireman or policeman, successfully
      passed  a  physical examination which failed to disclose evidence of any
      disease or other impairment of the heart.
        4. The provisions of this section  shall  remain  in  full  force  and
      effect   to   and   including   August  thirty-first,  nineteen  hundred
      seventy-six.
        * NB Expired August 31, 1976 -- Kept alive per sub. a of § 480