Lawson v. Transworld Systems, Inc.
Charter Oak Fire Ins
December 4, 2020
Hearing §312 IME
Summary from the Troubh Heisler Attorneys
Ms. Lawson claimed she injured her neck and right elbow doing clerical work at Transworld. After the Board’s discovery deadline passed, Transworld requested a §312 IME, and Ms. Lawson objected. Judge Elwin found that Ms. Lawson’s additional surgery provided “good cause” for the delayed request, and she allowed the exam to go forward.
Ms. Lawson also objected to Transworld admitting into evidence a photograph of her sitting at her workstation, because it had not been provided to her before the hearing. Judge Elwin allowed the photographs into evidence because they were only of the employee, she knew they had been taken, and they were accurate.
Ms. Lawson also objected to Transworld adding a witness without adequate prior notice, so Judge Elwin gave her another hearing to present any contrary evidence. In her decision, Judge Elwin found the right elbow injury to be compensable and ordered benefits accordingly, but she denied benefits on the neck condition, finding it unrelated in accordance with the §312 IME report.
Ms. Lawson appealed, but the Appellate Division upheld Judge Elwin’s decision. The panel found no abuse of judicial discretion in her allowing the §312 IME to go forward under the circumstances, allowing the photographs into evidence, allowing the employer witness to testify, and adopting the §312 IME findings in her decision.