§ 363-D — Certain impairments of health; presumption

§ 363-d. Certain impairments of health; presumption. Notwithstanding\nany other provisions of this chapter to the contrary, any (i) melanoma\nor (ii) condition of cancer affecting the lymphatic, digestive,\nhematological, urinary, neurological, breast, reproductive,\nendocrine/thyroid or prostate systems, resulting in total or partial\ndisability or death to a paid firefighter, who successfully passed a\nphysical examination on entry into firefighter service, which\nexamination failed to reveal any evidence of such melanoma or condition,\nshall be presumptive evidence that, unless the contrary be proven by\ncompetent evidence, such disability or death (a) was caused by the\nnatural and proximate result of an accident, not caused by such\nfirefighter's own willful negligence, and (b) was sustained in the\nperformance and discharge of duty. The provisions of this section shall\nremain in full force and effect pursuant to section four hundred eighty\nof this chapter.\n