Evidence in a claim for surviving child's benefits showed that the worker had wages
posted to their earnings record in the year following the disappearance. The worker
established that the wages belonged to them and were for work done after their “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 they
had been seeing, also disappeared, and that the worker phoned their spouse several
days after the disappearance to state they 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.