Monthly Archives: May, 2018

Workers' Compensation Claim - Washington L&I Attorney

How Do Presumptions Work In Labor and Industries Claims

May 24th, 2018 Posted by Labor & Industries 0 comments on “How Do Presumptions Work In Labor and Industries Claims”

There are two principle types of presumptions in civil law, the Thayer presumptions, and the Morgan presumptions.  

“Under the Thayer theory, a presumption places the burden of production of evidence on the party against whom it operates but disappears if that party produces contrary evidence.”  In re Estate of Langeland, 177 Wn. App. 315, 321 n.7, 312 P.3d 657 (2013), review denied, 180 Wn.2d 1009 (2014).  In other words, once the burden has been adequately met that a presumption does not apply, the parties litigate their case as if no presumption had ever been set forth at all.  Continue Reading How Do Presumptions Work In Labor and Industries Claims

Workers' Compensation Claim - Washington L&I Attorney

What is the Burden of Proof for L&I Claims?

May 24th, 2018 Posted by Labor & Industries 0 comments on “What is the Burden of Proof for L&I Claims?”

The burden of proof has two parts: a burden of production and a burden of persuasion. Fed. Signal Corp. v. Safety Factors, Inc., 125 Wn.2d 413, 433, 886 P.2d 172 (1994). A party with the burden of production on a particular fact in issue must produce sufficient evidence to warrant submitting that issue to the trier of fact. State v. Paul, 64 Wn. App. 801, 806, 828 P.2d 594 (1992). Otherwise, the party has failed in meeting their burden and must automatically loose. Whether a party has produced a sufficient quantity of evidence to submit the factual issue to the trier of fact presents a legal question to be decided by the court.  Paul, 64 Wn. App. at 806. In other words, each case is fact sensitive so that there is no generalized statement of what quantity or type of evidence will suffice for every case. A party will still lose their case if both sides meet their burden of production but only the opposing side meets their burden of persuasion. Sometimes, a court will find that evidence is equally balanced and may then be forced to rule on the facts using presumptions. For example, there is a presumption that the Board of Industrial Insurance Appeals has decided a case correctly, and only when an appealing party overcomes this burden may a Superior Court rule in that party’s favor. Ruse v. Dep’t of Labor & Indus., 138 Wn.2d 1, 5-6, 977 P.2d 570 (1999). A “tie” in the scenario of a Superior Court appeal always yields the same result as was determined by the Board below.Continue Reading What is the Burden of Proof for L&I Claims?

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