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AGO Opinions with Topic: BURDEN OF PROOF
AGO 1957 No. 117 >  August 28, 1957
CITIES AND TOWNS - FIREMEN - DISABILITY PENSIONS - DISEASES COVERED - APPLICATION - POWERS AND DUTIES OF PENSION IN PASSING ON - BURDEN OF PROOF
CITIES AND TOWNS ‑- FIREMEN ‑- DISABILITY PENSIONS ‑- DISEASES COVERED ‑- APPLICATION ‑- POWERS AND DUTIES OF PENSION IN PASSING ON ‑- BURDEN OF PROOF Any disease, including poliomyelitis, contracted by a fireman in connection with the performance of his duties as a member of the fire department would entitle him to a disability pension.  The burden of establishing a right to pension ordinarily rests on the claimant.  The pension board in passing upon and allowing or disallowing a fireman's claim for pension, bases its decision on a determination of fact.  Before disposing of any claim adversely to the claimant such a board must accord the claimant an opportunity to be heard and to present testimony in support of his claim.
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