03/22/93 Gene Kent Evans V. Hara's

This is a worker's compensation case. The issues on appeal are whether the Industrial Commission (Commission) correctly applied the presumption contained in I.C. § 72-228 and whether substantial and competent evidence supports the Commission's finding that the workplace did not contribute to claimant-appellant Gene K. Evans' (Evans) injury. We find the Commission correctly applied I.C. § 72-228 and there is substantial, competent evidence to support the Commission's finding that Evans was injured as a result of an alcohol withdrawal seizure and the workplace did not contribute to his injury. Accordingly, we affirm the decision of the Commission.