Legislation

§ 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.