New York Consolidated Laws
N.Y. Workers' Compensation Law § 161 (2026)
Definitions
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 7
cases (5 in the last 5 years), 2018–2025 · leading case: Matter of Garcia v. WTC Volunteer, 211 A.D.3d 1264 (N.Y. App. Div. 3d Dep't 2022).
Matter of Garcia v. WTC Volunteer, 211 A.D.3d 1264 (N.Y. App. Div. 3d Dep't 2022). “rade Center rescue, recovery or cleanup operations" is, in turn, defined as "any (a) employee who within the course of employment, or (b) volunteer" who "participated in the rescue, recovery, or cleanup operations at the World Trade Center site," worked at the Fresh Kills Land…”
Matter of Lewandowski v. Safeway Envtl. Corp., 190 A.D.3d 1072 (N.Y. App. Div. 3d Dep't 2021). “Footnotes Footnote 1: A claimant's last day of participation in World Trade Center cleanup operations within the qualifying period set forth in Workers' Compensation Law § 161 is deemed the date of accident for the purpose of determining which carrier has insurance coverage of…”
Matter of Fierro-Switzer v. World Trade Ctr. Volunteer Fund, 207 A.D.3d 827 (N.Y. App. Div. 3d Dep't 2022). “1072 n [2022] [internal quotation marks and citations [*2]omitted]), effectively broadened the category of eligible benefit recipients by "provid[ing] a potential avenue of relief for workers and volunteers suffering ill health as a result of their efforts in the aftermath of…”
Matter of Kearns v. Decisions Strategies Envt., 2018 NY Slip Op 8599 (N.Y. App. Div. 3d Dep't 2018). “On appeal by Decisions Strategies, the Workers' Compensation Board reversed, finding that the claim was untimely under Workers' Compensation Law § 28 and that claimant's job activities monitoring trucks were not covered by Workers' Compensation Law article 8-A as he was not a…”
Matter of Chrostowski v. Pinnacle Envtl. Corp., 2019 NY Slip Op 1285 (N.Y. App. Div. 3d Dep't 2019). “, 124 AD3d 994 , 995 [2015]; see also Martin Minkowitz, Practice Commentaries, McKinney's Cons Laws of NY, Book 64, Workers' Compensation Law § 161 at 71). Significantly, a claimant who has contracted a "qualifying condition," as defined in Workers' Compensation Law § 161 (3),…”
Matter of Liotta v. New York State Unified Ct. Sys., 226 A.D.3d 1277 (N.Y. App. Div. 3d Dep't 2024). “A " '[p]articipant in [WTC] rescue, recovery, or cleanup operations' " is defined as "any (a) employee who within the course of employment, or (b) volunteer" who "participated in the rescue, recovery, or cleanup operations at the [WTC] site between September [11, 2001] and…”
Matter of Goss v. WTC Volunteer, 236 A.D.3d 1162 (N.Y. App. Div. 3d Dep't 2025). “Footnote 2: As relevant here, a " '[p]articipant in [WTC] rescue, recovery, or cleanup operations' " is defined as "any (a) employee who within the course of employment, or (b) volunteer" who "participated in the rescue, recovery, or cleanup operations at the [WTC] site between…”
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