Friday, September 24, 2021

Claim denied based on burden of persuasion

 Anttila v Treasurer of State of MO

Release Date:  Sept. 17, 2021

Venue:  Southern District

Summary:  Court affirms Commission denial of disability claim against the Fund, noting a failure in the burden of persuasion between the experts.

The court found claimant's alleged error that he could not amend his claim was unfounded as he was allowed to amend it and failed to prove the claim  on the merits.  The ability to amend is within the discretion of the ALJ and not prohibited by strict construction.