Tag Archives: burden of proof

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 should be liberally construed to effect a beneficent purpose, affirmed … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim

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, held a state appellate court in Pitts v. Indus. Comm’n … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim

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 required to eliminate an idiopathic explanation for her fall, held … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition

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 action filed by a terminated employee, held a state appellate … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge

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, the former employee need not prove, as the first of … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer

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 a verbal warning which, under union rules, was not considered … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims

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 establish compensability of the cardiac event using a heightened standard … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , , | Comments Off on Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism

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 incident in which urine splashed on her face while she … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash