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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-105 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-105. Presumption that certain injuries arose out of and in the course of employment.
In any claim for compensation, where the employee is
physically or mentally unable to testify as confirmed by competent medical
evidence and where there is unrebutted prima facie evidence that indicates
that the injury the factual circumstances are of sufficient strength
from which the only rational inference to be drawn is that the accident
arose out of and was in the course of employment, it shall be presumed,
in the absence of 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, that the injury arose out of and was in the
course of employment.