Wyoming: Burden of Proof Includes the “Burden of Persuasion”

Wyoming: Burden of Proof Includes the “Burden of Persuasion”

Emphasizing that the burden of proof contains two elements: (i) the burden of production and (ii) the burden of persuasion, the Supreme Court of Wyoming recently affirmed a trial court’s finding that a claimant failed to establish a causal connection between a compensable 1988 lower back injury and medical treatment in 2007 for an arthritic condition in his hip.  Quoting Larson’s Workers’ Compensation Law, the court indicated that the claimant had clearly satisfied the first element—a physician testified that the hip condition was probably associated with the original compensable injury.  The hearing officer indicated, however, that he believed the testimony of another physician who testified that there was no such connection.  Moreover, the hearing examiner stated that he discounted claimant’s testimony because of repeated instances of exaggerated responses and “symptom magnification.”

Reported by Thomas A. Robinson, J.D.

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See Little v. State Dep’t of Workforce Servs., 2013 WY 100, 2013 Wyo. LEXIS 105 (Aug. 22, 2013) [2013 Wyo. LEXIS 105 (Aug. 22, 2013)]

See generally Larson’s Workers’ Compensation Law, § 130.05 [130.05]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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