Derrick Bonsey v. Maine Distributors
June 6, 2022
CategoriesPartial Incapacity Total Incapacity Partial Incapacity Total Incapacity
Summary from the Troubh Heisler Attorneys
Derrick Bonsey v. Maine Distributors- Bonsey worked delivering and unloading pallets of beverage product, and developed right leg pain in January 2019. He was diagnosed with spondylosis impacting the L4 nerve root and underwent surgery. The ALJ granted his petition for award, awarding ongoing total incapacity benefits. Maine Distributors appealed, arguing the ALJ erred in accepting the opinion of Bonsey's primary care provider that Bonsey had no work capacity over that of his treating surgeon and the sec. 207 examiner, where both opined he had ongoing work capacity. The Appellate Division affirmed, holding that the ALJ has the authority to sort through conflicting evidence and credibility issues to resolve evidentiary conflict, and is free to accept or reject expert medical opinions, in whole or part.