Sheila Lokken v. York Hospital
March 31, 2022
CategoriesFindings of Fact
Summary from the Troubh Heisler Attorneys
Sheila Lokken v. York Hospital – Ms. Lokken was a phlebotomist who claimed a ruptured lumbar disc injury from bending forward to draw blood. She had two surgeries and remained out of work. She filed petitions, but Judge Stovall denied them, finding she “failed to carry her burden of proof.” Lokken filed for further findings, but Judge Stovall denied that, too.
Lokken appealed, and the Appellate Division remanded the case back to Judge Stovall for additional findings of fact and conclusions of law to determine the basis of his decision, i.e., whether Lokken failed to prove that a work injury occurred or failed to prove that her injury met the “heightened causation standard” in §201(4) for claimants with pre-existing conditions.