The issue of sufficiency - i.e., whether a party established the prima facie case - may be raised for the first time on appeal. For example, Father relies on V.W. v. Department of Public Welfare, 51 A.3d 282 (Pa. Cmwlth. 2012), where our sister appellate Court ruled that a local children and youth services agency was required to present a prima facie case despite theparent's nonappearance at an expungement hearing. We also observe D'Errico v. W.C.A.B. (City of Philadelphia), 735 A.2d 161, 156-66 (Pa. Cmwlth. 1999), where a claimant in a worker's compensation matter was still required to establish a prima facie case, even though the employer was barred from presenting any affirmative defenses or from challenging any of the factual allegations contained in the claimant's petition.
Generally, "the burden of proof ... rests upon the party who ... asserts the affirmative of an issue"; thus, "one alleging a fact ... has the burden of establishing it." V.W. v. Dep't of Pub. Welfare , 51 A.3d 282, 285 (Pa. Commw. Ct. 2012) (citations omitted). 2. Defining the Burden of Proof