State Codes and Statutes

Statutes > New-york > Wkc > Article-3 > 47

§  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.

State Codes and Statutes

Statutes > New-york > Wkc > Article-3 > 47

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-3 > 47

§  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.