§ 44 — Presumptions

New York § 44

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' Benefit
• Art. 4: Procedure

Text

§ 44. Presumptions. If a claim for benefits is filed within two years\nafter the injury, or, if death results therefrom, is filed within two\nyears after such death, as provided in section forty-one of this\nchapter, then in any proceeding for the enforcement of such claim, it\nshall be presumed in the absence of substantial evidence to the\ncontrary:\n 1. That the claim comes within the provisions of this chapter;\n 2. That sufficient notice thereof was given;\n 3. That the injury was not occasioned by the wilful intention of the\ninjured volunteer firefighter to bring about the injury or death of\nhimself or herself or another;\n 4. That the injury did not result solely from the intoxication of the\ninjured volunteer firefighter while acting in line of duty;\n 5. That the contents of medical and surgical reports introduced in\nevidence by claimants for benefits shall constitute prima facie evidence\nof fact as to the matter contained therein.\n