Perry v. Maine Turnpike Authority

Insurance Company


Date Decided

May 31, 2019

Panel Members

Timothy Collier

Tom Pelletier

Mike Stovall


Durational Limit Permanent Impairment


Medical Circumstances Resolution of Injury Conflicting Statements

File Size

116 KB


Summary 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.”

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