Eastern State Hospital v. Roberson
Jan 19, 1999OUTCOME: Court of Appeals affirmed.
Mr. Cope represented the injured worker. The injured worker was awarded benefits for her injuries arising out of employment. The employer sought review of the commissions decision. The employer ... contended that the worker's injury was not caused by an accident at the workplace, but rather was just an aggregation of a prior injury the worker has sustained, which would not give rise to benefits under workers' compensation. The appellate court affirmed the commission. The court stated that when whether an injury occurred during the course of employment is a mixed question of fact and law, the finding of the commission is reviewable. It was the injured worker's burden to show that the conditions of the workplace caused the injuries. The injured worker prevailed with Mr. Cope's representation when they were able to produce credible evidence showing the injuries were a result of a risk of employment.
