Name
Usher v. American Red Cross
Insurance Company
Sedgwick Claims Management Services
Date Decided
February 10, 2014
Panel Members
Timothy Collier
Elizabeth Elwin
Tom Pelletier
Categories
Board IMETags
IME§312 Appellate Procedure Total Incapacity Independent Medical Examiner Multiple Employees
File Size
165 KB
DownloadSummary from the Troubh Heisler Attorneys
Appellate Division discusses standard for determining whether clear and convincing medical evidence contrary to the 312 IME is present in the record: could the ALJ have been reasonably persuaded by contrary medical evidence that it was highly probable that the record did not support the IME findings. In this case, there was competent evidence in the record to support the ALJ accepting the IME findings, and awarding total incapacity benefits on Usher’s petition for review.