(a) Any injury sustained by a volunteer or volunteer leader while he
or she is located abroad shall be presumed to have been sustained in the
performance of duty, and any illness contracted during such time shall
be presumed to be proximately caused by the employment. However, this
presumption will be rebutted by evidence that:
(1) The injury or illness was caused by the claimant's willful
misconduct, intent to bring about the injury or death of self or
another, or was proximately caused by the intoxication by alcohol or
illegal drugs of the injured claimant; or
(2) The illness is shown to have pre-existed the period of service
abroad; or
(3) The injury or illness claimed is a manifestation of symptoms of,
or consequent to, a pre-existing congenital defect or abnormality.
(b) If the presumption that an injury or illness was sustained in
the performance of duty is rebutted as provided by paragraph (a) of this
section, the claimant has the burden of proving by the submittal of
substantial and probative evidence that such injury or illness was
sustained in the performance of duty with the Peace Corps.
(c) If an injury or illness, or episode thereof, comes within one of
the exceptions described in paragraph (a) (2) or (3) of this section,
the claimant may nonetheless be entitled to compensation. This will be
so provided he or she meets the burden of proving by the submittal of
substantial, probative and rationalized medical evidence that the
illness or injury was proximately caused by factors or conditions of
Peace Corps service, or that it was materially aggravated, accelerated
or precipitated by factors of Peace Corps service.
