If You Claim a Credit, You Need to Prove It
By Herb Franks & Rebecca Lamm
Workers’ Compensation Law,
March 2023
The appellate court recently issued a stern warning to employers reminding that credit against an award is the exception rather than the general rule, and it is the employer’s burden to conclusively prove its entitlement to credit.
Claimant’s Burden of Proof in Premise Fall Claims
By Herb Franks
Workers’ Compensation Law,
May 2021
In Vaughan v. IWCC, the appellate court affirmed the denial of a worker’s claim for benefits resulting from a fall in the employer’s parking lot, finding that the claimant failed to satisfy her burden of proving that the injury arose out of employment.
A Fall Is a Fall, But Is It Compensable?
By Herb Franks
Workers’ Compensation Law,
May 2020
In a recent Supreme Court Rule 23 opinion, the appellate court denied a worker’s claim for benefits because she failed to prove that there was a defective condition on the employer’s premises which caused her injury.
Why I Fish
By Herb Franks
Senior Lawyers,
September 2019
Although being a senior lawyer has its perks, it is important to find enjoyable ways to unwind.
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