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2012 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 were 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 was work related arose out of and was in the course of
employment, it shall be presumed, in the absence of a preponderance of
evidence to the contrary, that the injury was work related arose out
of and was in the course of employment.