Employers have the burden of proof to prove that employee’s disability has ceased or that current disability not related
The employer seeking to terminate workers’ compensation benefits has the burden of proving that the injured worker’s disability has ceased or that any current disability arises from a cause unrelated to the employee’s work injury. The burden never shifts to the employee nor is it absolutely necessary that the employee present medical evidence to establish causation between his or her continuing disability and the work related injury.
The employer must establish by substantial medical evidence that all disability has ceased. Once established, however, an injured employee is no longer entitled to compensation benefits. A medical opinion that there is no objective abnormality to support the employee’s subjective symptoms, coupled with an opinion that the employee has recovered completely and is able to return to work is sufficient to support a termination of benefits.


