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Idaho Code § 72-228

Presumption favoring certain claims

Applied in 1 court decision — leading case Jordan v. Walmart Associates, Inc. (2023)

Most recently applied in Jordan v. Walmart Associates, Inc. (November 2023)

I.C., § 72-228, as added by 1971, ch. 124, § 3, p. 422; am. 1997, ch. 274, § 3, p. 799.

(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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.