§ 718.307 - Applicability of 33 U.S.C. 920(a).

(a) Section 20(a) of the Longshoremen's and Harbor Workers’ Compensation Act, 33 U.S.C. 920(a), provides that in any claim for benefits under the Longshoremen's Act it shall be presumed, in the absence of substantial evidence to the contrary, that the claim comes within the provisions of the Act. Section 422(a) of the Act incorporates such provision except as the Secretary provides by regulation.

(b) Where one or more of the presumptions contained in §§ 718.302-718.305 is or may be applicable to a claim, the provisions of section 20(a) of the Longshoremen's Act shall not apply to relieve a claimant from the burden of proving the facts necessary to give rise to the presumption, nor do the provisions of section 20(a) relieve a claimant of the burden of proving any element of the claim. See § 718.403.