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Tag: Shifting Proofs

Petitioner Prevails in Alleged Traumatic Injury Claim Even Though Pleadings Were Filed as Occupational In Nature

By on December 20, 2013 in Uncategorized with 0 Comments

It is not uncommon for a claimant to file an occupational disease claim but then at trial attempt to prove a case that is much more like a traumatic injury claim.  The reverse is also sometimes true.  How do courts treat these shifting proofs? In Rivera v. United Parcel Service, the claimant began with UPS […]

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