Idaho Statutes
§ 72-228 — PRESUMPTION FAVORING CERTAIN CLAIMS
Idaho § 72-228
JurisdictionIdaho
Title 72WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
Ch. 2SCOPE — COVERAGE — LIABILITY
This text of Idaho § 72-228 (PRESUMPTION FAVORING CERTAIN CLAIMS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 72-228 (2026).
Text
(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.
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Related
Evans v. Hara's, Inc.
849 P.2d 934 (Idaho Supreme Court, 1993)
Kessler Ex Rel. Kessler v. Payette County
934 P.2d 28 (Idaho Supreme Court, 1997)
Seamans v. Maaco Auto Painting & Bodyworks
918 P.2d 1192 (Idaho Supreme Court, 1996)
Hatley v. Lewiston Grain Growers, Inc.
552 P.2d 482 (Idaho Supreme Court, 1976)
Newman K. Giles v. Eagle Farms, Inc.
339 P.3d 535 (Idaho Supreme Court, 2014)
Politte v. Idaho Department of Transportation
882 P.2d 437 (Idaho Supreme Court, 1994)
Lines v. Idaho Forest Industries
872 P.2d 725 (Idaho Supreme Court, 1994)
Nelson v. City of Pocatello
508 P.3d 1234 (Idaho Supreme Court, 2022)
Jordan v. Walmart Associates, Inc.
539 P.3d 593 (Idaho Supreme Court, 2023)
Legislative History
[72-228, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 3, p. 804.]
Nearby Sections
15
§ 72-1001
SHORT TITLE§ 72-1002
LEGISLATIVE PURPOSE AND INTENT§ 72-1003
DEFINITIONS§ 72-1004
POWERS AND DUTIES OF COMMISSION§ 72-1005
REHABILITATION OF VICTIMS§ 72-1006
ATTORNEYS’ FEES§ 72-1009
CRIME VICTIMS COMPENSATION ACCOUNT§ 72-101
SHORT TITLE§ 72-1010
RECEIPT OF FUNDS§ 72-1012
APPLICATION FOR COMPENSATION§ 72-1013
INFORMAL HEARINGS§ 72-1014
EVIDENCE OF CONDITIONCite This Page — Counsel Stack
Bluebook (online)
Idaho § 72-228, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/72-228.