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This entry was published on 2014-09-22
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SECTION 161
Definitions
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 8-A
§ 161. Definitions. Whenever used in this article:

1. "Participant in World Trade Center rescue, recovery, or cleanup
operations" means any (a) employee who within the course of employment,
or (b) volunteer upon presentation to the board of evidence satisfactory
to the board that he or she:

(i) 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

(ii) worked at the Fresh Kills Land Fill in New York city between
September eleventh, two thousand one and September twelfth, two thousand
two, or

(iii) 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

(iv) worked on the barges between the west side of Manhattan and the
Fresh Kills Land Fill in New York city between September eleventh, two
thousand one and September twelfth, two thousand two.

2. "World Trade Center site" means 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.

3. "Qualifying condition" means any of the following diseases or
conditions resulting from a hazardous exposure during participation in
World Trade Center rescue, recovery or clean-up operations:

(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
different 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
aggravated by exposure;

(d) Diseases of the psychological axis, including post-traumatic
stress disorder, anxiety, depression, or any combination of such
conditions; or

(e) 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. "Disablement" shall have the same meaning as defined in section
thirty-seven of this chapter and determined by the board in the same
manner as provided in section forty-two of this chapter.