New York Volunteer Firefighters' Benefit Law Section 44 - Presumptions.

44. Presumptions. If a claim for benefits is filed within two years after the injury, or, if death results therefrom, is filed within two years after such death, as provided in section forty-one of this chapter, then in any proceeding for the enforcement of such claim, it shall be presumed in the absence of substantial evidence to the contrary:

1. That the claim comes within the provisions of this chapter;

2. That sufficient notice thereof was given;

3. That the injury was not occasioned by the wilful intention of the injured volunteer fireman to bring about the injury or death of himself or another;

4. That the injury did not result solely from the intoxication of the injured volunteer fireman while acting in line of duty;

5. That the contents of medical and surgical reports introduced in evidence by claimants for benefits shall constitute prima facie evidence of fact as to the matter contained therein.

Last modified: February 3, 2019