New York § 44 - 44Presumptions

§ 44. 44Presumptions

§ 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 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.