Client: Midwestern Insurance Alliance
Court: Appellate
Trial Attorney: Brian P. Berkoff, Esq.
Brief Attorney: Ashley T. Mollenthiel Fiore, Esq. and Brian P. Berkoff, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Matter Caption: Avery v. Next Mile, LLC/DSP
WIN from April 11, 2023
Petitioner appealed the decision from the April 11, 2023 trial and argued that the Judge of Compensation should have placed the burden of proof on respondent to disprove that the shooting arose from employment.
The petitioner’s attorney cited cases in which the disputed issues were about the medical or physical cause of the injury, which was not in dispute for this case. This case was an issue of pure legal causation and whether the accident arose out of employment.
The Appellate Division affirmed the case based on the facts and found that the judge did not err in deciding the case based on the testimony at trial. They noted there is no precedent for burden-shifting in this case as it involved legal causation and not medical causation.
To learn how this matter progressed from Trial to Appellate Division ruling, click here.
