1. The Laws of New York
  2. Consolidated Laws
  3. Workers' Compensation
  4. Article 3: Occupational Diseases


Section 47 Presumption as to the cause of disease

Workers' Compensation (WKC)

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.