Spino v. Department of Labor & Industries

Joe Spino, the plaintiff, appeals from a judgment of the trial court that dimissed his appeal from the Board of Industrial Insurance Appeals. The trial court held there was insufficient evidence of unusual exertion to support a causal relationship between plaintiff’s employment and his subsequent cerebral hemorrhage or stroke.

A challenge to the sufficiency of plaintiff’s evidence admits the truth thereof and all inferences that can reasonably be drawn therefrom. It requires the trial and appellate courts to interpret the evidence most strongly against the Department of Labor and Industries…