CODE OF VIRGINIA

PRESUMPTION THAT CERTAIN INJURIES AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT
(§ 65.2-105)

In any claim for compensation, where the employee (i) is physically or mentally
unable to testify as confirmed by competent medical evidence, (ii) dies with
there being no evidence that he ever regained consciousness after the accident,
(iii) dies at the accident location or nearby, or (iv) is found dead where he is
reasonably expected to be as an employee, and where the factual circumstances
are of sufficient strength from which the only rational inference to be drawn is
that the accident arose out of and in the course of employment, it shall be
presumed the accident arose out of and in the course of employment, unless such
presumption is overcome by a preponderance of competent evidence to the
contrary.

HISTORY: 2011, cc. 229, 304; 2012, c. 841; 2013, c. 169; 2016, c. 358.