Bouchard v. Walmart

Insurance Company

New Hampshire Insurance Company

Date Decided

October 5, 2016

Panel Members

Glen Goodnough

Sue Jerome

Evelyn Knopf


Board IME


Myofascial IME§312 Clear and Convincing Evidence

File Size

166 KB


Summary from the Troubh Heisler Attorneys

In Bouchard v. Walmart, Bouchard claimed ongoing benefits for her “myofascial pain.” Dr. Woelflein performed a §312 IME and found that Bouchard did have a work-related "myofascial pain" injury but that it did not cause her incapacity. Judge Hirtle adopted the IME opinion and allowed Walmart to discontinue benefits.

Bouchard appealed, claiming that the record contained “clear and convincing evidence to the contrary,” but the Appellate Division applied its lower standard of review in §312 cases, found “competent evidence” in the record to support Judge Hirtle’s decision, and affirmed it.

Although the panel decision failed to describe the “competent evidence” in the record, it demonstrates again that judicial decisions based on §312 IMEs are nearly impossible to overturn on appeal.

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