Stella v. Cintas Corp.
July 11, 2019
CategoriesPartial Incapacity Partial Benefits / Refusal of Employment Partial Benefits / Refusal of Employment Partial Incapacity
Fecteau Neck Upper Extremity Work-Restrictions
Summary from the Troubh Heisler Attorneys
AD vacated and remanded Judge Collier’s decision awarding only closed-end incapacity benefits, as Ms. Stella presented evidence of her post-injury earnings at her new employer, shifting the burden of proof to Cintas to show she could earn more. Ms. Stella did not need to present evidence of “her duties or other circumstances” at her new job to get the Fecteau presumption that her actual earnings reflected her earning capacity.