Name
Hung Huynh v. Parker Hannifin Corp.
Insurance Company
Chubb indemnity Insurance
Date Decided
July 28, 2022
Panel Members
Elizabeth Elwin
David Hirtle
Tom Pelletier
Categories
Compensability Pre-Existing Injury Board IME Medical Evidence Board IME Compensability Medical Evidence Pre-Existing InjuryTags
File Size
121 KB
DownloadSummary from the Troubh Heisler Attorneys
Huynh filed petitions for award and for payment of medical services claiming a neck and right arm injury of 2013 against Parker Hannifin, and a 2017 neck injury and 2018 right wrist injury against the manufacturing facilities new owner, Nichols Portland. Parker filed for apportionment against Nichols. Dr. Donovan performed an exam and issued a report as a board IME under Sec. 312. In his written report Dr. Donovan concluded the 2013 injury was a significant aggravation of a preexisting cervical spondylosis, which had resolved in 2014. He further opined that the 2017 aggravation injury had also resolved. At deposition the doctor clarified his opinion to state the 2013 injury contributed to both the development and aggravation of the underlying cervical spondylosis.
Parker argued on appeal the ALJ erred in determining the deposition testimony altered Dr. Donovan's original conclusion the 2013 injury had resolved. Citing earlier Appellate Division decisions the panel held that when confronted with potential ambiguity between a report and deposition testimony "it incumbent on the ALJ to consider the larger context in which those statements are offered to construe the intent of the examining physician." The ALJ's interpretation that the 2013 contributed to not only an aggravation of the cervical arthritis but also to its development was supported by competent evidence and would not be disturbed on appeal.