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State ex rel. Viking Forge v. Perry

Tuesday, October 6, 2015

Claimant was on progressive discipline and was warned that his next infraction would lead to termination. Following the injury he was terminated.

Claimant testified that a co-worker was actually responsible for the infraction.

The IC accepted this testimony and awarded temporary total compensation.

The Court upheld the IC’s decision and specifically reinforced that the IC’s role is to assess the credibility of the evidence and no abuse of discretion was found.

Practical Take Away:

  • Claimant’s can allege
  • Employers must prove
  • If there is a factual dispute, do the investigation, have your witnesses present at hearing.

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