Name
Ned Hood v. Maine Dept. of Corrections
Insurance Company
State of Maine WC
Date Decided
January 29, 2021
Panel Members
David Hirtle
Tom Pelletier
Mike Stovall
Categories
Board IMETags
File Size
163 KB
DownloadSummary from the Troubh Heisler Attorneys
Ned Hood v. Maine Department of Corrections (attached) - On remand, Judge Elwin found §312 IME Dr. Medrano’s credentials sufficient to support her reliance on his opinion that Hood's chemical exposure injury at work had ended and no longer contributed to his ongoing condition. She also found that Hood's treater Dr. LaPrad’s contrary opinion was equivocal, so she reiterated her denial of Hood’s petition for payment of medical bills and her granting of his petition for award only in part.
Hood appealed again, and this time the Appellate Division panel upheld Judge Elwin's decision. The panel held that the ALJs may adopt none or only part of other doctors’ opinions, but the ALJs must adopt the §312 IME's opinions absent clear and convincing evidence to the contrary. ALJs cannot reverse those medical findings unless they lack support by competent evidence or any other reasonable basis.