Ouellette v. Central Maine Medical Center
FutureComp / TD Insurance
August 15, 2013
IME§312 Partial Incapacity Additional Evidence
Summary from the Troubh Heisler Attorneys
Ms. Ouellette appealed HO Goodnough's decision denying her Petition for Review and granting CMMC's Petition for Review, awarding her ongoing partial incapacity benefits but at a rate reflecting a presumed earning capacity of $500 per week. Ms. Ouellette argued that HO Goodnough should have adopted the contrary opinions issued by her doctors after the §312 IME opinion was issued.
The appellate panel pointed out that §312 does not allow that, unless the parties submit the subsequent records to the IME doctor (through the Office of Medical/Rehabilitation Services) at least 14 days before the hearing. In addition, Ms. Ouellette could have asked to take the IME doctor’s deposition and presumably confronted the IME doctor with the new contrary opinions from treating physicians.