NC: Cautious Medical Testimony Dooms Employee’s Claim of Aggravation Injury

A physician’s indication that it was “as likely as not” that an employee’s neck and shoulder injury was causally connected to an earlier work-related injury was insufficient to support a finding of medical causation, held a North Carolina appellate court recently. The court indicated...

Vermont Workers' Compensation Update: January to March 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR COURT DECISIONS Marshall v State of Vermont...

Wyoming: Burden of Proof Has Two Elements: Burden of Production and Burden of Persuasion

Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers’ compensation benefits for back pain that the claimant believed was related to an earlier workplace accident...

Washington: Reopening of Claim Allowed Since Employee Suffered Aggravation of Old Injury, Not New One

A Washington appellate court affirmed a decision that allowed the reopening of an employee’s workers’ compensation claim for a knee injury he suffered while working for his previous employer. The appellate court held that on the record presented, a reasonable jury could only conclude that...