Saltz v. MW Sewall & Co.
MMTA Workers' Comp Trust
December 19, 2014
IME§312 Adopting in Part Clear and Convincing Evidence
Summary from the Troubh Heisler Attorneys
A hearing officer can adopt part of an IME doctor’s opinion and reject another part of his opinion, given clear and convincing evidence to the contrary.
Saltz was CFO for Sewall, which suffered the death of its founder, reorganization, bankruptcy, and conflicts between officers; in addition, Saltz was named as a defendant in a lawsuit filed by Sewall’s creditors, and the Maine AG informed her it was investigating possible criminal action against her for failure to pay taxes. She treated with her primary care provider and a counselor for mental stress, and she was released to regular duty on 2/5/10.
Saltz filed petitions and Dr. Lobozzo conducted a IME, finding that she suffered a major depressive disorder related to her work, that she had improved but still had symptoms, and the could not work as CFO until July 2011.
H.O. Collier adopted Dr. Lobozzo’s findings, except as to the duration of her injury. He granted Saltz’s petitions and awarded her closed-end benefits to 2/5/10. Saltz appealed, arguing that H.O. Collier was also required to adopt Dr. Lobozzo’s finding regarding incapacity. The panel affirmed the decision, finding that H.O. Collier had clear and convincing evidence to the contrary in the record.