White v. Town of Sidney
Maine Municipal Association
February 18, 2016
Gradual Injury Arm §207
Summary from the Troubh Heisler Attorneys
The panel denied White's appeal of Judge Elwin's decision denying her Petition for Award and Petition for Payment of Medical Bills. White worked for the town in several capacities using several different work stations. She developed neck, shoulder and back symptoms requiring medical treatment and several months out of work. Judge Elwin found that her job duties were varied, she moved frequently in the office, "she did not maintain a static position or engage in continuous, repetitive or strenuous motions" with her arms.
In reaching her decision, Judge Elwin adopted the opinion of §207 examiner Dr. Boucher over that of White's physician Dr. Kimball. She found Dr. Kimball's brief statement of causation to be "conclusory," with no explanation of how White's varied work activities caused her problems; by contrast, Dr. Boucher noted that her job duties were "highly variable" and only occasionally involved reaching or overhead work.
This decision demonstrates the importance of medical opinions reflecting analysis based on the evidence of record, rather than summary conclusions by the medical expert.