§ 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 fireman to bring about the injury or death of himself\nor another;\n 4. That the injury did not result solely from the intoxication of the\ninjured volunteer fireman 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
N.Y. Volunteer Firefighters’ Benefit Law § 44
Presumptions
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.