Saturday, March 10, 2012

TWCA reviews whether employee satisfied his burden of proof as to causation

TIMOTHY BYROM v. RANDSTAD NORTH AMERICA, L.P. (TWCA March 8, 2012)

The employee fell at work. He was then diagnosed to have a brain hemorrhage. The evidence showed that the fall occurred in an open area, that it was unlikely that the employee either slipped or tripped, and that he struck his head on the floor but not upon any objects. Employee had no recollection of the fall. The employer denied the employee’s workers’ compensation claim, asserting that the fall did not arise from his employment. The trial court found that the employee did not sustain his burden of proof as to causation. Employee has appealed, arguing that the evidence preponderates against the trial court’s finding. We affirm the judgment of the trial court. Opinion available at: https://www.tba.org/sites/default/files/byromt_030812.pdf

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