Rebecca Mead v. Fairchild Semiconductor
New Hampshire Insurance Co.
May 13, 2022
CategoriesMental Stress Injury Board IME Board IME Mental Stress Injury
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.