Section 363-D. Certain impairments of health; presumption  


Latest version.
  • 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, 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 to and
      including the thirtieth day of June, two thousand five.
        * NB Expired July 1, 2005