Name
Perry v. Maine Turnpike Authority
Insurance Company
CCMSI
Date Decided
May 31, 2019
Panel Members
Timothy Collier
Tom Pelletier
Mike Stovall
Categories
Durational Limit Permanent ImpairmentTags
Medical Circumstances Resolution of Injury Conflicting Statements
File Size
116 KB
DownloadSummary from the Troubh Heisler Attorneys
Where a prior decree establishes that all 3 of the employee's work injuries contribute to his incapacity, on a subsequent petition the moving party must produce evidence demonstrating a change in the employee's medical circumstances since the prior decree. Although the IME doctor initially said all 3 injuries continued to contribute to his incapacity, at his deposition the doctor expressed uncertainty about that and could not identify “some specific point” in time that the latest injury resolved. Given an IME’s ambiguous deposition testimony, the ALJ is not required to adopt one party’s interpretation of it but could instead “consider the larger context in which those statements are offered.”