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POLITTE v. DEPARTMENT OF TRANSP.

No. 20617.

882 P.2d 437 (1994)

126 Idaho 270

Thomas C. POLITTE, Claimant-Respondent, v. IDAHO DEPARTMENT OF TRANSPORTATION, Employer and State Insurance Fund, Surety, Defendants-Appellants.

Supreme Court of Idaho, Lewiston, April 1994 Term.

Rehearing Denied October 20, 1994.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Randall, Blake & Cox, Lewiston, for appellants. Jay P. Gaskill, argued.

Landeck, Westberg, Judge & Graham, P.A., Moscow, for respondent. Charles L. Graham, argued.

JOHNSON, Justice.

This is a workers' compensation case. We conclude that the employer did not present substantial evidence contrary to the presumption contained in I.C. § 72-228 that the employee's injury arose out of his employment.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Thomas C. Politte (the employee) was employed by the Idaho department of transportation (the department) as a highway...

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