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Justices Say Burden of Proof Stays on Applicant

Monday, February 12, 2007 | 0

The Wyoming Supreme Court decided that the burden of proof for every claim stays on the claimant, who must prove a causal connection between an injury and his employment. The justices ruled that the burden of proof was properly placed on Daniel David, whose original injury wasn't contested. A second injury accident a month later at home, however, led the Workers' Safety and Compensation Division to terminate his medical and temporary disability benefits. When David challenged the termination order, a hearing officer placed the burden of proof onto the claimant to show that his back inj...

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