BURDEN OF PROOF
Abandonment When the Department rejects a claim for survivor's benefits on the grounds of abandonment, the Department has the burden of proving abandonment. ….Loren Snavely, 95 7778 (1997) Citing Johnson v. Department of Labor & Indus., 3 Wn.2d 257 (1940)
Employer appeal
In an employer appeal, the employer must first present evidence sufficient to make a prima facie case. The burden then shifts to the worker to establish her entitlement to benefits by a preponderance of the evidence. ....Christine Guttromson, 55,804 (1981) [Editor's Note: The language in the order erroneoulsy refers to the burden shifting to the claimant when the claimant chose to present evidence.]
In an employer appeal, when the Department or worker moves to dismiss for failure by the employer to make a prima facie case, the Department or worker may rest on their motion or choose to present evidence. Proceeding in this manner does not relieve the employer of its burden. Overruling In re Christine Guttromson, BIIA Dec., 55,804 (1981) to the extent it holds that there does not need to be a determination as to whether the employer presented a prima facie case if the claimant does not rest on its motion. The Board order was appealed to King County Superior Court No. 12 2 29291-4KNT.
….Stevenson, 11 13592 (2012)
Fraud - See FRAUD Burden of Proof
Hearing loss
When the evidence shows that a worker continued to be placed in a noisy work environment after the date of a given audiogram, the burden shifts to the employer to show by persuasive evidence that the subsequent workplace noise was not injurious to the workers hearing. ....Eugene Williams, 95 3780 (1998) [dissent]. [Editor's Note: The Board's decision was appealed to superior court under Thurston County Cause No. 98-2-00806-4, Department; Lewis County Cause No. 982-00422-1, Employer]
Injury – See INJURY Burden of Proof
New in-home healthcare
In an appeal by the claimant to a Department determination rescinding authorization of an in-home healthcare provider to provide care to the claimant, the claimant had the burden to establish by a preponderance of the evidence that the Department should not have rescinded the provider's authority to provide services. ….Tim Potterf, 10 18174 (2011)
WISHA appeals – See SAFETY & HEALTH Burden of Proof
WISHA – failure to abate – See SAFETY & HEALTH Burden of Proof-failure to abate
Vocational Rehabilitation – See VOCATIONAL REHABILITATION Burden of Proof