Tag: burden of proof

Dec 2, 2019

Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself

Stressing that Virginia courts were required to “liberally construe” the state’s Workers’ Compensation Act, but not the evidence in the record before it, the Court of Appeals of Virginia affirmed...

Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself
Oct 22, 2019

Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition

Testimony by the employer’s independent medical examiner, in which the physician opined that the major contributing cause of claimant’s need for treatment for his respiratory condition was his 17-year history...

Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition
Mar 27, 2019

Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim

Lip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes...

Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim
Mar 25, 2019

Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim

Arizona’s one-year filing requirement [see Ariz. Rev. Stat. § 23-1061(A)] is an affirmative defense and the employer or carrier bears the burden of production of evidence to support that defense,...

Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim
Oct 24, 2017

Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition

Where an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was...

Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition
Feb 25, 2016

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge

An Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge
Sep 23, 2014

Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer

In Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge,...

Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer
Jul 1, 2014

Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims

Acknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received...

Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims
May 20, 2014

Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism

Due to the difficulties in attributing the cause of a heart attack to the claimant’s work, a number of states, including Nebraska, require the employee or the employee’s dependents to...

Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism
Apr 8, 2013

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash

An Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace...

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash