Latta v. Workmen's Compensation Appeal Board

OPINION OF THE COURT

CAPPY, Justice.

The question before this Court is whether a claimant seeking reinstatement of workmen’s compensation benefits currently under suspension must present expert medical evidence in order to establish that the work-related injury that gave rise to the benefits under suspension continues.1 We hold that expert medical evidence is not necessary to establish that the work-related injury continues. Rather, once a claimant testifies that his work-related injury continues, the burden shifts to his employer to prove the contrary. Where an employer fails to present…