Legal Opinion

Pavese v. Cleaning Solutions

Indiana Court of Appeals

Decided September 30, 2008No. 93A02-0803-EX-284PublishedCited by 10 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

After the Indiana Supreme Court in Milledge v. The Oaks, 784 N.E.2d 926 (Ind. 2003), adopted the positional risk doctrine that placed the burden of proof on employers in cases involving neutral risks, the Indiana General Assembly amended Indiana Code § 22-3-2-2(a) to place the burden of proof on employees throughout the proceedings. In this case, Bridget Pavese fell on the job and received medical treatment for a head injury. Her employer, Cleaning Solutions, refused to pay her medical bills. Pavese now appeals the decision of the full Worker’s Compensation…

2Cases cited9 opinions

  1. Perez v. United States Steel Corp.Indiana Supreme Court · 1981
  2. Morse v. StateIndiana Supreme Court · 1992
  3. Milledge v. OaksIndiana Supreme Court · 2003
  4. Endres v. Indiana State PoliceIndiana Supreme Court · 2004
  5. Conway Ex Rel. Conway v. School City of East ChicagoIndiana Court of Appeals · 2000

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3Cited by10 opinions

  1. Waters v. Indiana State UniversityIndiana Court of Appeals · 2011
  2. A Plus Home Health Care Incorporated v. Kathleen MiecznikowskiIndiana Court of Appeals · 2012
  3. Burdette v. PERLMAN-ROCQUE CO.Indiana Court of Appeals · 2011
  4. Matthew Ward v. Lowe'sIndiana Court of Appeals · 2017
  5. Flora Birdsong v. Illinois Central School BusIndiana Court of Appeals · 2013

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