N.Y. Volunteer Firefighters' Benefit Law § 44: 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 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.