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,…

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…

A work-related injury can be devastating. There are many challenges when good health is lost to injury or occupational disease.  Finances are depleted while the worker receives less than full pay, loss of employer-sponsored healthcare insurance, and misses out on overtime opportunities not to mention the chance to earn performance-based bonuses. There is a toll on the mental health of everyone involved as fear and anxiety become a byproduct of the injury. There is also the inevitable impact, sometimes catastrophic, on the injured worker’s family as relationships can be irreparably altered by the changes brought by a severe injury. That is where a workers’ compensation claim can help improve the situation… if you follow the rules.

With all of these concerns in play, how does the injured worker prevent their worker’s compensation claim from going south?