Jon Campisi | Business Insurance • April 2024

In the latest article from Business Insurance, Jon Campisi highlights the intriguing case of Norman Rickley. This case

brings to light the importance of “burden of proof” and how it impacts Workers’ Compensation cases.

In Workers’ Compensation cases, once an employee establishes that they have sustained a work-related injury, the burden shifts to the employer or the employer’s insurance carrier to prove that any subsequent medical issues are not related to the original injury.

In the case of Mr. Rickley, the Pennsylvania Commonwealth Court determined that the Workers’ Compensation judge erred in placing the burden on the injured worker to prove that his ongoing medical issues were connected to the accident that occurred in 2006, when it should have been placed on the employer.

In 2020, Mr. Rickley filed a different Workers’ Compensation claim against his new employer based on an injury he sustained in 2017. He also filed a medical review petition against his former employer for failing to pay medical bills connected to his 2006 accident. After review, a judge denied the petition, finding that the medical treatment received in 2020 was unrelated to the 2006 injury. The Workers’ Compensation Board agreed with the judge’s decision.

In conclusion, The appeals court ruled that his former employer had to prove that the future medical symptoms were unrelated to the original injury which they were unable to do.

Don’t let work-related injuries or accidents put your life on hold! Despite safety measures in place, mishaps can still occur. At McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP, we understand the complexities of workers’ compensation, and we’re here to champion your case.

With our expert legal team by your side, you can focus on recovery while we fight for your rights. Ready to take control? Give us a call at 866.557.7500.

– END –