Evidence in a claim for surviving child's benefits showed that the worker had wages
posted to his or her earnings record in the year following the disappearance. The
worker established that the wages belonged to him or her and were for work done after
his or her “disappearance.'' In this situation, the worker rebutted the presumption
of death by evidence (wages belonging to the worker) that the person is still alive
after the disappearance.
Evidence shows that the worker left the family home shortly after a woman, whom he
had been seeing, also disappeared, and that the worker phoned his wife several days
after the disappearance to state he intended to begin a new life in California. In
this situation, the worker rebutted the presumption of death because the evidence
explains the worker's absence in a manner consistent with continued life.