Assertion: presumption | /r/HasProperty | rebutted by evidence
Facets:
value: sometimes
type: TEMPORAL
Source sentences:
text: In most instances, actual post-injury earnings will create a presumption of earning capacity commensurate with them, but the presumption may be rebutted by evidence independently showing incapacity or explaining away the post-injury earnings as an unreliable basis for estimating capacity [see Larson’s Workers’ Compensation Law, § 81.01 [81.01]].
text: Sometimes, however, a presumption can be rebutted by other evidence.
text: This presumption may be rebutted by evidence which persuades the trier of fact that an adequate warning or instruction would have been futile under the circumstances.
text: The presumption is rebutted by “evidence that the personalities or dispositions of the [plaintiffs] were such that they clearly would have ignored warnings.”
text: Such a presumption may be rebutted by evidence that [the recipient] would not have read or heeded an additional warning.
text: Once these two elements are met, the legislation presumes the payment was an illegal preference unless the presumption can be rebutted by evidence.