Section 20 Presumption

  • Presumptions.
  • Section 20 of the Act provides that in any proceeding for the enforcement of a claim for compensation under the Act it is presumed, in the absence of substantial evidence to the contrary
    1. That the claim comes within the provisions of the Act. (Relevant principally to sections 2(2), 2(3), and 3(a) of the Act.)
    2. That sufficient notice of such claim has been given. (Relevant to sections 12, 13 and 30 of the Act.)
    3. That the injury was not occasioned solely by the intoxication of the injured employee. (Relevant to section 3(c) of the Act.)
    4. That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. (Relevant to section 3(c) of the Act.)Section 20 of the Act provides the claimant with a presumption in the areas covered which shifts the burden to the employer to rebut the presumption with substantial evidence. In order for the section 20(a) presumption to apply to causation, a claimant must establish a prima facie case by proving that he or she suffered some harm or pain, and that working conditions existed or an accident occurred which could have caused the harm or pain. Once the claimant establishes the two elements of the prima facie case, the section 20(a) presumption applies to link the harm or pain with the claimant’s employment. The section 20(a) presumption also applies to the issue of whether an injury arose in the course of employment.

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