Vacuum Depositing, Inc. v. Dever

OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant’s application for benefits, having found that evidence she was “clumsy” and wearing high heels at the time of a workplace fall rebutted the presumption it was work-related and that the weight of reliable evidence showed it did not arise from her employment. The Workers’ Compensation Board (Board) reversed and remanded on the ground that the ALJ misapplied the law. The Court of Appeals affirmed.

Appealing, the employer argues that substantial evidence of a non-work-related cause for the fall reduced the rebuttable…