{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-105.html"}],"law_id":57280,"edition_id":1,"section_id":57280,"structure_id":15021,"section_number":"65.2-105","catch_line":"Presumption that certain injuries arose out of and in the course of employment","history":"2011, cc. 229, 304; 2012, c. 841; 2013, c. 169; 2016, c. 358.","full_text":"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.","order_by":null,"text":{"0":{"id":209809,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15021,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":276117,"object_type":"structure","relational_id":15021,"identifier":"1","token":"65.2\/1","url":"\/65.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67999,"structure_id":15021,"section_number":"65.2-100","catch_line":"Short title","url":"\/65.2-100\/","token":"65.2\/1\/65.2-100","metadata":false},{"id":59551,"structure_id":15021,"section_number":"65.2-101","catch_line":"Definitions","url":"\/65.2-101\/","token":"65.2\/1\/65.2-101","metadata":false},{"id":57932,"structure_id":15021,"section_number":"65.2-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/65.2-101.1\/","token":"65.2\/1\/65.2-101.1","metadata":false},{"id":74882,"structure_id":15021,"section_number":"65.2-102","catch_line":"Coverage of firefighters and law-enforcement officers in off-duty capacity","url":"\/65.2-102\/","token":"65.2\/1\/65.2-102","metadata":false},{"id":79344,"structure_id":15021,"section_number":"65.2-103","catch_line":"Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders","url":"\/65.2-103\/","token":"65.2\/1\/65.2-103","metadata":false},{"id":59660,"structure_id":15021,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","url":"\/65.2-104\/","token":"65.2\/1\/65.2-104","metadata":false},{"id":57280,"structure_id":15021,"section_number":"65.2-105","catch_line":"Presumption that certain injuries arose out of and in the course of employment","url":"\/65.2-105\/","token":"65.2\/1\/65.2-105","metadata":false},{"id":57573,"structure_id":15021,"section_number":"65.2-106","catch_line":"Criminal justice training academy trainees","url":"\/65.2-106\/","token":"65.2\/1\/65.2-106","metadata":false},{"id":58233,"structure_id":15021,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","url":"\/65.2-107\/","token":"65.2\/1\/65.2-107","metadata":false}],"previous_section":{"id":59660,"structure_id":15021,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","url":"\/65.2-104\/","token":"65.2\/1\/65.2-104","metadata":false},"next_section":{"id":57573,"structure_id":15021,"section_number":"65.2-106","catch_line":"Criminal justice training academy trainees","url":"\/65.2-106\/","token":"65.2\/1\/65.2-106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-105\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapters 229<\/a> and 304<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapter 841<\/a>; in 2013, chapter 169<\/a>; in 2016, chapter 358<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":276143,"object_type":"law","relational_id":57280,"identifier":"65.2-105","token":"65.2\/1\/65.2-105","url":"\/65.2-105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-105\/","token":"65.2\/1\/65.2-105","dublin_core":{"Title":"Presumption that certain injuries arose out of and in the course of employment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any claim for compensation, where the employee (i) is physically or mentally unable to testify as confirmed by competent medical evidence<\/span>, (ii) dies with there being no evidence<\/span> 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<\/span> is overcome by a preponderance of competent evidence<\/span> to the contrary.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION THAT CERTAIN INJURIES AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT\n(\u00a7 65.2-105)\n\nIn any claim for compensation, where the employee (i) is physically or mentally\nunable to testify as confirmed by competent medical evidence, (ii) dies with\nthere being no evidence that he ever regained consciousness after the accident,\n(iii) dies at the accident location or nearby, or (iv) is found dead where he is\nreasonably expected to be as an employee, and where the factual circumstances\nare of sufficient strength from which the only rational inference to be drawn is\nthat the accident arose out of and in the course of employment, it shall be\npresumed the accident arose out of and in the course of employment, unless such\npresumption is overcome by a preponderance of competent evidence to the\ncontrary.\n\nHISTORY: 2011, cc. 229, 304; 2012, c. 841; 2013, c. 169; 2016, c. 358.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}