N.Y. Workers’ Compensation Law 169 – Presumptive evidence
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§ 169. Presumptive evidence. 1. The board shall accept the certifications of the Centers for Disease Control and Prevention World Trade Center Health Program as presumptive evidence of causation of certified illnesses pursuant to 42 USC 300mm for claims filed for conditions of impairment of health or death pursuant to a qualifying condition.
Terms Used In N.Y. Workers' Compensation Law 169
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
2. Notwithstanding section eighteen or twenty-eight of this chapter, any claimant who filed a claim or claims that were denied prior to the effective date of this section may refile such claim or claims within two years of the effective date of this section.