2006 New York Code - Presumptions.



 
    § 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:
    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 fireman 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 fireman 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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