TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 2

SCOPE — COVERAGE — LIABILITY

72-228.  Presumption favoring certain claims. (1) In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify, and where there is unrebutted prima facie evidence that indicates that the injury arose in the course of employment, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury arose out of the employment and that sufficient notice of the accident causing the injury has been given.

(2)  This section shall not apply to any defense under section 72-208, Idaho Code.

History:

[72-228, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 3, p. 804.]