ยง 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
article, 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 ambulance worker 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 ambulance worker 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.
Structure New York Laws
VAW - Volunteer Ambulance Workers' Benefit
40 - Notice of Injury or Death.
42 - Reports of Injuries, Claims and Proceedings.
43 - Determination of Claims for Benefits.
45 - Modification of Awards, Decisions or Orders.
48 - Representation Before the Workers' Compensation Board.
50 - Payments Pending Controversies.
52 - Awards to Nonresidents; Nonresident Compensation Fund.
55 - Penalty for False Representation.
56 - Non-Duplication of Benefits.
57 - Miscellaneous Provisions.
58 - Application of Provisions of Workers' Compensation Law.