Section 47. Presumption as to the cause of disease  


Latest version.
  • 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.