Senate Bill S508

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   508

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  that  any  injury  or  illness,  including future manifestations, even
  after retirement, for occurrences directly related  to  the  terrorist
  attack on September eleventh, two thousand one be presumptively eligi-
  ble for compensation under the workers' compensation law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The workers' compensation law is amended by  adding  a  new
section 21-b to read as follows:
  S  21-B.  SPECIAL  PRESUMPTIONS; INJURY OR ILLNESS DIRECTLY RELATED TO
THE TERRORIST  ATTACK  ON  SEPTEMBER  ELEVENTH,  TWO  THOUSAND  ONE.  1.
NOTWITHSTANDING  ANY  PROVISIONS  OF  THIS  CHAPTER  OR  OF ANY GENERAL,
SPECIAL, OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE, OR  RULE  OR  REGU-
LATION  TO  THE CONTRARY, ANY DEATH OR CONDITION OR IMPAIRMENT OF HEALTH
CAUSED BY A QUALIFYING CONDITION OR IMPAIRMENT OF  HEALTH  RESULTING  IN
DEATH  OR  DISABILITY  TO  AN  EMPLOYEE  WHO PARTICIPATED IN WORLD TRADE
CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS FOR A  MINIMUM  OF  FORTY
HOURS SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORM-
ANCE  AND  DISCHARGE  OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT NOT CAUSED BY SUCH EMPLOYEE'S OWN  WILLFUL  NEGLIGENCE,  UNLESS
THE  CONTRARY  BE  PROVED  BY  COMPETENT  EVIDENCE. AN EMPLOYEE SHALL BE
ELIGIBLE FOR THE PRESUMPTION PROVIDED FOR UNDER  THIS  SECTION  NOTWITH-
STANDING  THE  FACT THAT THE EMPLOYEE DID NOT PARTICIPATE IN WORLD TRADE
CENTER RECOVERY AND CLEANUP OPERATIONS FOR A  MINIMUM  OF  FORTY  HOURS,
PROVIDED THAT: (A) THE EMPLOYEE PARTICIPATED IN THE RESCUE, RECOVERY, OR
CLEANUP  OPERATIONS  AT  THE  WORLD  TRADE CENTER SITE BETWEEN SEPTEMBER
ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER TWELFTH, TWO THOUSAND ONE;  (B)
THE EMPLOYEE DIED OR SUSTAINED A DOCUMENTED PHYSICAL INJURY AT THE WORLD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01416-01-9

S. 508                              2

TRADE  CENTER  SITE  BETWEEN  SEPTEMBER  ELEVENTH,  TWO THOUSAND ONE AND
SEPTEMBER TWELFTH, TWO THOUSAND ONE THAT IS A  QUALIFYING  CONDITION  OR
IMPAIRMENT  OF  HEALTH  RESULTING  IN  DISABILITY  TO  THE EMPLOYEE THAT
PREVENTED  THE  EMPLOYEE  FROM  CONTINUING TO PARTICIPATE IN WORLD TRADE
CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS FOR A  MINIMUM  OF  FORTY
HOURS, OR THE EMPLOYEE DIED AFTER SEPTEMBER TWELFTH, TWO THOUSAND ONE AS
A  RESULT  OF SUSTAINING A DOCUMENTED PHYSICAL INJURY AT THE WORLD TRADE
CENTER SITE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE  AND  SEPTEMBER
TWELFTH,  TWO  THOUSAND ONE THAT IS A QUALIFYING CONDITION OR IMPAIRMENT
OF HEALTH RESULTING IN DISABILITY TO THE  EMPLOYEE  THAT  PREVENTED  THE
EMPLOYEE  FROM  CONTINUING  TO PARTICIPATE IN WORLD TRADE CENTER RESCUE,
RECOVERY, OR CLEANUP OPERATIONS FOR A MINIMUM OF FORTY  HOURS;  AND  (C)
THE DEATH OR DOCUMENTED PHYSICAL INJURY THAT RESULTED IN A DISABILITY TO
THE  EMPLOYEE THAT PREVENTED THE EMPLOYEE FROM CONTINUING TO PARTICIPATE
IN WORLD TRADE CENTER RESCUE, RECOVERY,  OR  CLEANUP  OPERATIONS  FOR  A
MINIMUM  OF  FORTY  HOURS  IS  THE QUALIFYING CONDITION OR IMPAIRMENT OF
HEALTH WHICH THE EMPLOYEE SEEKS  TO  BE  ELIGIBLE  FOR  THE  PRESUMPTION
PROVIDED FOR UNDER THIS SECTION.
  2.  IN  ORDER  TO  BE  ELIGIBLE FOR THE PRESUMPTION PROVIDED FOR UNDER
SUBDIVISION ONE OF THIS SECTION,  AN  EMPLOYEE  MUST  HAVE  SUCCESSFULLY
PASSED A PHYSICAL EXAMINATION FOR ENTRY INTO PUBLIC SERVICE WHICH FAILED
TO DISCLOSE EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH
THAT FORMED THE BASIS FOR THE DISABILITY.
  3.  FOR  PURPOSES OF THIS SECTION, "QUALIFYING CONDITION OR IMPAIRMENT
OF HEALTH" SHALL INCLUDE:
  (A) DISEASES OF THE UPPER RESPIRATORY  TRACT  AND  MUCOSAE,  INCLUDING
CONDITIONS  SUCH  AS  CONJUNCTIVITIS,  RHINITIS, SINUSITIS, PHARYNGITIS,
LARYNGITIS,  VOCAL  CORD  DISEASE,  UPPER  AIRWAY  HYPER-REACTIVITY  AND
TRACHEO-BRONCHITIS, OR A COMBINATION OF SUCH CONDITIONS;
  (B) DISEASES OF THE LOWER RESPIRATORY TRACT, INCLUDING BUT NOT LIMITED
TO BRONCHITIS, ASTHMA, REACTIVE AIRWAY DYSFUNCTION SYNDROME, AND DIFFER-
ENT  TYPES  OF  PNEUMONITIS, SUCH AS HYPERSENSITIVITY, GRANULOMATOUS, OR
EOSINOPHILIC;
  (C) DISEASES OF THE GASTROESOPHAGEAL TRACT, INCLUDING ESOPHAGITIS  AND
REFLUX  DISEASE,  EITHER  ACUTE OR CHRONIC, CAUSED BY EXPOSURE OR AGGRA-
VATED BY EXPOSURE;
  (D) DISEASES  OF  THE  PSYCHOLOGICAL  AXIS,  INCLUDING  POST-TRAUMATIC
STRESS  DISORDER, ANXIETY, DEPRESSION, OR ANY COMBINATION OF SUCH CONDI-
TIONS;
  (E) DISEASES OF THE SKIN SUCH AS CONTACT DERMATITIS OR  BURNS,  EITHER
ACUTE  OR  CHRONIC IN NATURE, INFECTIOUS, IRRITANT, ALLERGIC, IDIOPATHIC
OR NON-SPECIFIC REACTIVE IN NATURE, CAUSED BY EXPOSURE OR AGGRAVATED  BY
EXPOSURE; OR
  (F)  NEW ONSET DISEASES RESULTING FROM EXPOSURE AS SUCH DISEASES OCCUR
IN THE FUTURE, INCLUDING CANCER, CHRONIC OBSTRUCTIVE PULMONARY  DISEASE,
ASBESTOS-RELATED   DISEASE,   HEAVY   METAL  POISONING,  MUSCULOSKELETAL
DISEASE, AND CHRONIC PSYCHOLOGICAL DISEASE;
  4. FOR PURPOSES OF THIS SECTION, "PARTICIPATED IN WORLD  TRADE  CENTER
RESCUE, RECOVERY, OR CLEANUP OPERATIONS" SHALL MEAN ANY EMPLOYEE WHO:
  (A) PARTICIPATED IN THE RESCUE, RECOVERY, OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND
SEPTEMBER TWELFTH, TWO THOUSAND TWO, OR
  (B)  WORKED AT THE FRESH KILLS LAND FILL IN NEW YORK BETWEEN SEPTEMBER
ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER TWELFTH, TWO THOUSAND TWO, OR

S. 508                              3

  (C) WORKED AT THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON PIER
LOCATIONS ON THE WEST SIDE OF MANHATTAN BETWEEN SEPTEMBER ELEVENTH,  TWO
THOUSAND ONE AND SEPTEMBER TWELFTH, TWO THOUSAND TWO, OR
  (D)  WORKED  ON  THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN NEW YORK BETWEEN SEPTEMBER ELEVENTH, TWO  THOU-
SAND  ONE  AND  SEPTEMBER TWELFTH, TWO THOUSAND TWO. FOR THE PURPOSES OF
THIS SECTION, "WORLD TRADE CENTER SITE" SHALL MEAN ANYWHERE BELOW A LINE
STARTING FROM THE HUDSON RIVER AND CANAL STREET; EAST ON CANAL STREET TO
PIKE STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO
THE LOWER TIP OF MANHATTAN.
  5.  IN  ORDER  TO  BE ELIGIBLE FOR CONSIDERATION FOR SUCH PRESUMPTION,
SUCH EMPLOYEE MUST FILE A WRITTEN AND SWORN STATEMENT WITH THE BOARD  ON
A  FORM  PROVIDED  BY  THE  BOARD  INDICATING THE DATES AND LOCATIONS OF
EMPLOYMENT.   SUCH STATEMENT MUST BE FILED  NOT  LATER  THAN  TWO  YEARS
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
  6.  THE CHAIRPERSON IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after September 11, 2001.