363-F - Firefighters; presumption in certain diseases.

* §    363-f.   Firefighters;   presumption   in   certain   diseases.  Notwithstanding any provision of this chapter or of any general, special  or local law to the contrary, and for the purposes of this chapter,  any  condition  of  impairment  of  health  caused  by  diseases of the lung,  resulting in total or partial disability or death to a uniformed  member  of  a  paid  fire  department,  where  such member successfully passed a  physical examination on entry into such service or  subsequent  thereto,  which  examination  failed  to  reveal  any evidence of such conditions,  shall be presumptive evidence that such  disability  or  death  (1)  was  caused by the natural and proximate result of an accident, not caused by  such   firefighter's   own  negligence  and  (2)  was  incurred  in  the  performance and discharge of duty, unless  the  contrary  be  proven  by  competent  evidence. The provisions of this section shall remain in full  force and effect to  and  including  the  thirtieth  day  of  June,  two  thousand eight.    * NB Expired July 1, 2008