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Texas Appeals Panel Decision No. 100308 - Causation

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant worked as a security guard. A nearby refinery released chemical fumes including naphthalene. The Claimant alleged an occupational exposure and sought medical care from two different facilities. He was diagnosed with unspecified chest...

MO: Fall Out Of Bed Defeats Causation

A company president tripped over a telephone cord at work but failed to prove her radius fractures arose from work and not from falling out of bed the following morning. The court in Bond v Site Line Surveying , WD 72142 (Mo. App. 10-12-10), agreed that substantial evidence supported the Commission’s...

A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation

It is a rare minority of Delaware IAB cases that yield a ruling in favor of the employer, especially on an original petition for benefits, in this jurisdiction called a Petition to Determine Compensation Due. This week I am profiling two successful outcomes for the State of Delaware. Both attorneys are...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

Green v. City of Los Angeles: Refresh of Apportionment

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis has been plagued by the “black box”...

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s...