(DOWNLOAD) "Goodyear Tire & Rubber Co. V. Pierce" by Virginia Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Goodyear Tire & Rubber Co. V. Pierce
- Author : Virginia Court of Appeals
- Release Date : January 15, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The Industrial Commission's duty was to determine if Pierce proved by a preponderance of the evidence that he sustained a compensable injury and also if the evidence established that Goodyear informed him about a panel of authorized treating physicians. If the commission could not determine how the accident happened, it necessarily had to deny benefits to Pierce because he had the burden of proof on that issue. Winegar v. International Telephone & Telegraph, 1 Va. App. 260, 261, 337 S.E.2d 760, 760 (1985). On the other hand, if the commission found that Pierce suffered a compensable injury and that Goodyear did not offer Pierce a panel of physicians, then it would have had to order Goodyear to pay for a treating physician of Pierce's own choosing. See Davis v. Brown & Williamson Tobacco Co., 3 Va. App. 123, 126, 348 S.E.2d 420, 421 (1986).