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Unexplained, Unwitnessed Fall From Balcony Presumptively Compensable

By Sherri Okamoto (Legal Reporter)

Wednesday, May 18, 2016 | 0

An Arizona appellate court last week ruled that a hotel employee's unwitnessed fall from a balcony on his first day of work was presumptively compensable. Cori Acosta has no memory of how he came to fall, or what he was doing before his accident, but the hotel insisted that nothing about his new job required him to be near the edge of the balcony. The Copperpoint Western Insurance Co. argued Acosta could not have been within the course and scope of his employment when he went over the balcony railing because his employment did not place him in the "particular place at the particular...

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