| In any proceeding for the enforcement of a claim for compensation under this chapter, it shall be presumed in the absence of substantial evidence to the contrary
1. That the claim comes within the provision of this chapter;
2. That sufficient notice thereof was given;
3. That the injury was not occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another;
4. That the injury did not result solely from the intoxication of the injured employee while on duty.
5. That the contents of medical and surgical reports introduced in evidence by claimants for compensation shall constitute prima facie evidence of fact as to the matter contained therein.
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Relevant Case Law
Note: Claimant's cardiac arrest not compensable where claimant has history of heart problems.
Note: Unwitnessed death proven to be result of heart disease is not deemed AOE/COE.
Note: Mental injury not compensable if the stress is no greater than that experienced by similarly situated workers.
Note: Physician's failure to identify causal connection until 3 years into treatment precludes recovery.
Note: Board can consider widow's testimony as to decedent's condition to determine causation.
Note: Fatal myocardial infarction causally related to employment.
Note: Witnessed and explained death not entitled to presumption of compensability.
Note: Presumption of compensability applies to death caused by unexplained myocardial infarction.
Note: Death occurring while moving a vehicle for personal reasons is not compensable.
Note: A claimant's claim was improperly denied because of conflicts in testimony concerning the date of his accident, ignoring uncontroverted evidence that the injury was work related.
Note: The presumption that claimant's decedent's death was work-related was overcome by uncontroverted medical testimony that the decedent's heart condition resulted from an underlying condition not related to his employment.
Note: A claimant's benefits were denied because he had undergone previous nonwork-related knee surgery and experienced pain in it prior to his work-related re-injury.
Note: The decedent's smoking habits, obesity, hypertension and family history of heart disease supported the board's determination that the presumption of compensability was rebutted and should not be disturbed.
Note: Medical evidence that the decedent's heart attack was brought about by a pre-existing condition was enough to overcome the presumption of compensability.
Note: Claimant sought no medical attention and reported no injury until it became clear that he was being investigated for illegal work activities, and his claim was denied.
Note: The statutory presumption of compensability shifts the burden of proof to the carrier in cases where the cause of decedents death is speculative, but occurs in the course of employment.
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