N.Y. Volunteer Ambulance Workers' Benefit Law Section 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 § 41 (Claim for benefits)section forty-one of this article, 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 ambulance worker 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 ambulance worker 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.

Source: Section 44 — Presumptions, https://www.­nysenate.­gov/legislation/laws/VAW/44 (updated Sep. 22, 2014; accessed Jan. 4, 2025).

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Accessed:
Jan. 4, 2025

Last modified:
Sep. 22, 2014

§ 44’s source at nysenate​.gov

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