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Home / Opinion Digests / Workers’ Comp – Birth Injury – Missing Evidence Inference (access required)

Workers’ Comp – Birth Injury – Missing Evidence Inference (access required)

The Workers’ Compensation Commission did not err in declining to apply a missing evidence inference that a fetal heart monitor removed one hour before claimant’s birth would have shown continuing fetal distress, and that this inference would have changed the commission’s decision to deny claimant admission into the Virginia Birth-Related Neurological Injury Compensation Program, according ...

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