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This entry was published on 2014-09-22
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SECTION 47
Presumption as to the cause of disease
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 3
§ 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.