§ 21. Presumptions. In any proceeding for the enforcement of a claim\nfor compensation under this chapter, it shall be presumed in the absence\nof substantial evidence to the contrary\n 1. That the claim comes within the provision of this chapter;\n 2. That sufficient notice thereof was given;\n 3. That the injury was not occasioned by the willful intention of the\ninjured employee to bring about the injury or death of himself or of\nanother;\n 4. That the injury did not result solely from the intoxication of the\ninjured employee while on duty.\n 5. That the contents of medical and surgical reports introduced in\nevidence by claimants for compensation shall constitute prima facie\nevidence of fact as to the matter contained therein.\n
N.Y. Work. Comp. Law § 21
Presumptions
Applied in 18 court decisions — leading case Matter of Aungst v. Family Dollar (2023)
Most recently applied in Matter of Leroy v. Brookdale Hosp. Med. Ctr. (December 2023)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.