Board of Education v. Spradlin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• describing how the burden of persuasion shifts from the claimant, who must prove causation at the Commission hearing, to the appellant-employer, who most prove non-causation at the circuit court level
• “Either party on the appeal to the circuit court may invoke the right to have a factual finding by the Commission determined de novo at the circuit court level.” (emphasis added)
• “Even though a party does not appeal, he can raise issues contesting the findings and decision of the Commission in an appeal taken - 10 - by the other party.” (emphasis added
• “This does not mean, of course, that either party at the de novo trial would not be vulnerable to summary judgment on various legal grounds or that the party with the burden of production would not be vulnerable for failing to satisfy that burden.”
• “[The circuit court] was affirmatively persuaded that the claimant had suffered an injury in the course of her employment, and the evidence amply supported that decision. The judge’s ultimate de novo decision, therefore, was not clearly erroneous.” (emphasis added)
• discussing de novo versus record appeals

Source: CourtListener parenthetical corpus (CC0).