N.Y. Volunteer Firefighters' 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 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 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.

Source: Section 44 — Presumptions, https://www.­nysenate.­gov/legislation/laws/VOL/44 (updated Jan. 11, 2019; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Jan. 11, 2019

§ 44’s source at nysenate​.gov

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