Schwan Food v. Frederick

Schwan Food Co. v. Ryan Frederick, No. 1289, Sept. Term, 2017, Opinion by Leahy, J. Workers’ Compensation > Appeals > Presumptions and Burden of Showing Error When the employer prevails before the Commission, and the claimant elects an appeal under what is essentially a de novo trial pursuant to § 9-745(d), the parties retain their initial burdens of proof and persuasion. Baltimore Cty. v. Kelly,

391 Md. 64, 75

(2006). However, when the employer appeals a decision of the Commission decision in favor of the claimant and elects a jury trial under § 9-745(d), “the burden of proof, which was borne…