§ 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:

Terms Used In N.Y. Volunteer Firefighters' Benefit Law 44

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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 firefighter to bring about the injury or death of himself or herself or another;

4. That the injury did not result solely from the intoxication of the injured volunteer firefighter 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.

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