Usher v. American Red Cross
Sedgwick Claims Management Services
February 10, 2014
IME§312 Appellate Procedure Total Incapacity Independent Medical Examiner Multiple Employees
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.