Nathan Ford v Assoc. Electrical Cooperative
Release Date: 6/4/2020 (Accident date June 7, 2015)
Venue: Randolph County
Plot Summary: The Commission affirms a denial of a temporary award of benefits on a failure to prove accident. Claimant alleges a verbal altercation escalated and he was beaten and hit six times. The alleged assailant (Rhoades) claims he acted in self defense and struck Ford after he was grabbed by the collar and pulled toward claimant. The ALJ found Ford "started it" by laying hands first on the party who struck him.
https://labor.mo.gov/sites/labor/files/decisions_wc/FordNathan15-04709106-04-20.pdf
Cast:
Fisher, ALJ
Collins
Comments: The lack of "live" testimony at the hearing is not clear and testimony was offered through civil depositions. Claimant asserted he should have been allowed to introduced additional evidence to rebut the first aggressor defense. Claimant failed to show cause why he could not have testified live at the hearing (the proposed new testimony is not a "newly discovered" evidence). It is unclear the disposition of any civil or criminal cases arising out of the same set of facts.
