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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

Hepatitis C presumption

 
NYSCOPBA Correction Officer, Safety and Security Officer, Security
  Hospital Treatment Assistant Hepatitis C presumption 
 
   §  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.
102 Hackett Blvd., Albany, NY 12209   518.427.1551 | 888.484.7279  Fax: (518) 426-1635  nyscopba@nyscopba.org