N.Y. Workers’ Compensation Law 164 – Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident
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§ 164. Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident. The date of disablement of a participant in World Trade Center rescue, recovery and clean-up operations resulting from a qualifying condition that is causally related to such participant shall be treated as the happening of an accident within the meaning of this chapter and the procedure and practice provided in this chapter shall apply to all proceedings under this article, except where otherwise specifically provided herein. The board shall determine the date of disablement that is most beneficial to the claimant.
Terms Used In N.Y. Workers' Compensation Law 164
- 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. See N.Y. Workers' Compensation Law 161