Presumption of Causation –

In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided other evidence suggests a “rational potential” of work relatedness. Here, the evidence was that Sullwold was under extraordinary work stress and that his employer permitted his use of the treadmill at home because it allowed him to work while exercising, as recommended by his doctor.

COURT’S HOLDING –

Once this presumption was applied the court held that the death would be deemed work related unless the employer produced evidence that it was as probable as not that the death was not work related – in other words that that evidence was in balance. The court held that the evidence offered by the employer – medical evidence and evidence about use of the treadmill – was not enough to rebut the presumption.