Gray v. United Parcel Services, Inc.

STEELMAN, Judge.

Where Dr. Welborne clearly stated that Gray’s death was not work-related, this testimony rebutted the Pickrell presumption, and the Commission erred in its application of the Pickrell presumption. This case is remanded for the Commission to determine whether plaintiff has met her burden of proof of establishing that the death was a result of an accident arising out of the course and scope of employment. The Commission did not abuse its discretion in denying defendants’ motion for extension of time to take additional expert testimony where the testimony would have caused…