{"data":{"id":"us-ny/n.y.-volunteer-firefighters-benefit-law-44","jurisdiction":"us-ny","citation":"N.Y. Volunteer Firefighters' Benefit Law § 44","heading":"Presumptions","body":"§ 44. Presumptions. If a claim for benefits is filed within two years\nafter the injury, or, if death results therefrom, is filed within two\nyears after such death, as provided in section forty-one of this\nchapter, then in any proceeding for the enforcement of such claim, it\nshall be presumed in the absence of substantial evidence to the\ncontrary:\n  1. That the claim comes within the provisions of this chapter;\n  2. That sufficient notice thereof was given;\n  3. That the injury was not occasioned by the wilful intention of the\ninjured volunteer firefighter to bring about the injury or death of\nhimself or herself or another;\n  4. That the injury did not result solely from the intoxication of the\ninjured volunteer firefighter while acting in line of duty;\n  5. That the contents of medical and surgical reports introduced in\nevidence by claimants for benefits shall constitute prima facie evidence\nof fact as to the matter contained therein.","path":["Volunteer Firefighters' Benefit Law","Article 4. Procedure"],"source_url":"https://legislation.nysenate.gov/api/3/laws/VOL/44","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"b4853f4030bec625f10c3cefd8f9c332bc8e97e91916123a229b2b511bd9ae25","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-volunteer-firefighters-benefit-law-43","next":"us-ny/n.y.-volunteer-firefighters-benefit-law-45"},"notice":"GroundRules: Original legal text. Not legal advice."}