Usher v. American Red Cross

Insurance Company

Sedgwick Claims Management Services

Date Decided

February 10, 2014

Panel Members

Timothy Collier

Elizabeth Elwin

Tom Pelletier


Board IME


IME§312 Appellate Procedure Total Incapacity Independent Medical Examiner Multiple Employees

File Size

165 KB


Summary 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.

Page |