Name
Anthony Davis v. Mayo Regional Hospital
Insurance Company
Cross Insurance
Date Decided
December 17, 2024
Panel Members
Bryan Chabot
Lindsey Sands
Christine Smith
Categories
Partial Incapacity Post-Injury Earnings Medical Evidence Medical Evidence Partial Incapacity Post-Injury EarningsTags
File Size
86 KB
DownloadSummary from the Troubh Heisler Attorneys
Anthony Davis v. Mayo Regional Hosp.- Where there was competent medical evidence in the record that work related Covid-19 was a causative factor in the employee's stroke, the ALJ did not err in accepting that medical evidence over competing medical expert opinions. In Davis v. Mayo Regional Hosp., App. Div. 24-16, the hospital claimed the ALJ erred in granting the employee's petition for award because of medical evidence that work related Covid-19 relationship to the stroke was temporal only. But Dr. Thibault concluded that the Covid 19 caused the cerebral event. An ALJ has discretion to choose among competing medical expert opinions and is not compelled to choose one opinion over another.
The Appellate panel also rejected the employer's argument that the ALJ erred in finding only a $510 post injury weekly earning capacity because the employee had experience as a paramedic and had computer skills. The panel held that the ALJ considered those factors along with the employee's work restrictions, age, education and presentation at hearing to find the earning capacity. All these factors are appropriate for consideration with no one factor controlling.