Proof: Burden of Proof: Causation

Russell v. Watkins & Shepard [07/11/08] 2008 MTWCC 36 Although the treating physician concluded that Petitioner’s symptoms must have been caused by carbon monoxide poisoning because treatment alleviated the symptoms, the condition may have pre-dated Petitioner’s carbon monoxide exposure, and there is no proof the symptoms are causally related to the exposure.
Strom v. Montana Municipal Ins. Authority [07/22/05] 2005 MTWCC 42 The claimant bears the burden of persuading the Court by a preponderance of the evidence that his medical condition and disability are causally related to his work-related injury.