AK STEEL v. ADKINS
WORKERS COMP: Unexplained fall and presumption of work relatedness
DATE RENDERED: 5/22/2008
The Claimant fell while attempting to close the door of a coal hopper, hitting her head and injuring her shoulder. She testified that she assumed it was because she lost her footing but could not remember. The Administrative Law Judge referred to cases which establish a presumption of work relatedness if the employee is unable because of the injury to remember how the accident happened, however, KRS 342.720 is the statute which contains the precise situations where the presumption applies. While the case contains a good discussion of the presumption, the Supreme Court considered the circumstantial evidence of work-relatedness as a permissible inference and affirmed on substantial evidence grounds.
Peter Naake, Editor