Legislation
SECTION 44
Presumptions
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 4
§ 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.
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.