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.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 2 - SCOPE — COVERAGE — LIABILITY
Section 72-201 - DECLARATION OF POLICE POWER.
Section 72-202 - INTERSTATE COMMERCE.
Section 72-203 - EMPLOYMENTS COVERED.
Section 72-204 - PRIVATE EMPLOYMENT — COVERAGE.
Section 72-205 - PUBLIC EMPLOYMENT GENERALLY — COVERAGE.
Section 72-206 - IDAHO YOUTH CONSERVATION PROJECT — COVERAGE.
Section 72-207 - PUBLIC EMPLOYMENT — RELIEF WORK.
Section 72-208 - INJURIES NOT COVERED — WILLFUL INTENTION — INTOXICATION.
Section 72-209 - EXCLUSIVENESS OF LIABILITY OF EMPLOYER.
Section 72-210 - EMPLOYER’S FAILURE TO INSURE LIABILITY.
Section 72-211 - EXCLUSIVENESS OF EMPLOYEE’S REMEDY.
Section 72-212 - EXEMPTIONS FROM COVERAGE.
Section 72-213 - ELECTION OF EXEMPT COVERAGE.
Section 72-214 - REVOCATION OF ELECTION.
Section 72-217 - EXTRATERRITORIAL COVERAGE.
Section 72-219 - INJURIES IN TRANSITORY EMPLOYMENT IN IDAHO.
Section 72-220 - LOCALE OF EMPLOYMENT.
Section 72-221 - COVERAGE FOR INJURIES OR OCCUPATIONAL DISEASES OUTSIDE STATE PRESUMED.
Section 72-222 - RECIPROCAL RECOGNITION OF EXTRATERRITORIAL COVERAGE WITH OTHER JURISDICTIONS.
Section 72-223 - THIRD PARTY LIABILITY.
Section 72-225 - MINOR EMPLOYEE.
Section 72-226 - INSANE PERSON’S COMPENSATION PAYABLE TO GUARDIAN.
Section 72-227 - DOUBTFUL RIGHTS SUBJECT TO COMMISSION’S DETERMINATION.
Section 72-228 - PRESUMPTION FAVORING CERTAIN CLAIMS.