Politte v. Idaho Department of Transportation

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 maintenance worker. On October 11, 1988, the employee worked his regular shift from 7:00 a.m. until 4:00 p.m., tending to routine maintenance chores at a highway rest area. When the employee arrived home from…