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A bill introduced in the New York State Legislature on Tuesday would amend the state's workers' compensation law in relation to presumptive evidence for individuals who participated in the World Trade Center (WTC) tragedy rescue, recovery and clean-up operations.
The bill would add a new subdivision to the workers' compensation law, detailing that "CDC and Prevention World Trade Center Health Program Certification" will be deemed presumptive medical evidence of a related diagnosis.
The CDC and World Trade Center Health Program (WTCHP) provides medical monitoring and treatment of World Trade Center-related health conditions for 9/11 responders and survivors. Individuals who participated in the rescue, recovery or clean-up operations can apply through the WTCHP for certification that their health condition was WTC-related and is a medically associated health condition. Under the proposed bill, a 9/11 responder's CDC WTCHP certified injury or illness would be considered presumptive evidence that such condition shall be covered under workers' compensation.
Under the proposed bill, any condition of "impairment of health or death" of an individual or dependent of a decedent who files a workers' comp claim under the workers' comp statute shall be presumptive evidence that the condition of impairment of health or death was incurred as a result of that individua's participation in the WTC rescue, recovery or clean-up operations.
The bill was introduced in and referred to the Committee on Governmental Employees where it is still pending.