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New York Workers' Compensation - Article 8-A - § 161 Definitions

Legal Research Home > New York Laws > Workers' Compensation > New York Workers' Compensation - Article 8-A - § 161 Definitions


Workers' Compensation 
 
    § 161. Definitions. Whenever used in this article:
    1.  "Participant  in  World  Trade Center rescue, recovery, or cleanup
  operations" means any (a) employee who within the course of  employment,
  or (b) volunteer upon presentation to the board of evidence satisfactory
  to the board that he or she:
    (i) participated in the rescue, recovery, or cleanup operations at the
  World Trade Center site between September eleventh, two thousand one and
  September twelfth, two thousand two; or
    (ii)  worked  at  the  Fresh  Kills Land Fill in New York city between
  September eleventh, two thousand one and September twelfth, two thousand
  two, or
    (iii) worked at the New York city morgue or the  temporary  morgue  on
  pier locations on the west side of Manhattan between September eleventh,
  two thousand one and September twelfth, two thousand two, or
    (iv)  worked  on the barges between the west side of Manhattan and the
  Fresh Kills Land Fill in New York city between September  eleventh,  two
  thousand one and September twelfth, two thousand two.
    2. "World Trade Center site" means anywhere below a line starting from
  the  Hudson River and Canal Street; east on Canal Street to Pike Street;
  south on Pike Street to the East River; and extending to the  lower  tip
  of Manhattan.
    3.  "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.
    4.  "Disablement"  shall  have  the same meaning as defined in section
  thirty-seven of this chapter and determined by the  board  in  the  same
  manner as provided in section forty-two of this chapter.
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Last modified: February 16, 2014