Sykes v. C. P. Clare & Co.

It is undisputed, as noted by the majority, that generally the claimant has the burden of showing “the extent and duration of the disability in order to recover.” This rule is not an absolute, however. It has been held, for instance, that once the parties enter a compensation agreement paying claimant for total disability, that total disability “is presumed to continue unless and until competent examination and testimony discloses otherwise. The burden of proving that claimant’s disability had ceased altogether or had become partial was upon the employer.” Fox v. American News Co., 190…