CompFox AI Summary
The WCJ's inference that the lien was assigned because claimant failed before trial to affirmatively declare the status of the lien as required by Board Rule 10550(d) was not unreasonable. However, an inference is simply that, a kind of presumption that must be analyzed in light of the entire evidentiary record. Here, other evidence calls the inference into question. The case is returned to the trial level for development of the record.
Full Decision Text1 Pages
The WCJ's inference that the lien was assigned because claimant failed before trial to affirmatively declare the status of the lien as required by Board Rule 10550(d) was not unreasonable. However, an inference is simply that, a kind of presumption that must be analyzed in light of the entire evidentiary record. Here, other evidence calls the inference into question. The case is returned to the trial level for development of the record.
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