Rebecca Mead v. Fairchild Semiconductor

Insurance Company

New Hampshire Insurance Co.

Date Decided

May 13, 2022

Panel Members

Bryan Chabot

David Hirtle

Mike Stovall


Mental Stress Injury Board IME Board IME Mental Stress Injury


File Size

96 KB


Summary from the Troubh Heisler Attorneys

Rebecca Mead v. Fairchild Semiconductor (attached) - In 2008 and 2010, Ms. Mead injured her arms at work, and she thereafter got psychological counseling. She asked Fairchild to pay those costs as related to her injury, but Dr. Barkin’s §312 IMEs in 2015 and 2017 found she had no diagnosable mental condition, and her treatments were unnecessary.

In 2018, Mead reported suicidal ideation related to her work injury and disability, and she asked again for Fairchild to pay for her counseling. Fairchild relied on Dr. Barkin’s prior IMEs, but Judge Jerome found the counseling costs compensable, as Dr. Barkin’s reports were inapplicable to her newly worsened condition.

Fairchild appealed, but the Appellate Division upheld the decision. The panel acknowledged that §312 prohibits overturning an IME based on evidence the doctor has not considered, but it held that Dr. Barkin’s prior opinions did not address Mead’s current condition.

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