Lysable Transport, Inc. v. Patton

KELSEY, Judge.

The Workers’ Compensation Commission awarded benefits to Scott Patton under the de facto award doctrine, effectively precluding the employer from exercising its statutory right to contest compensability of Patton’s claim. In the alternative, the commission held Patton proved compensability by a pre ponderance of the evidence. For the following reasons, we reverse and remand.

I

In March 2007, Scott Patton was injured when he drove his truck off the road while working for Lysable Transport, Inc. Despite inconclusive information regarding the cause of the accident, the employer…