Name
Kenneth Hughes v. First Fleet, Inc.
Insurance Company
CBCS
Date Decided
November 27, 2024
Panel Members
Bryan Chabot
Katherine Gatti Rooks
Mike Stovall
Categories
Partial Incapacity Medical Evidence Medical Evidence Partial IncapacityTags
File Size
160 KB
DownloadSummary from the Troubh Heisler Attorneys
Kenneth Hughes v. First Fleet, Inc.- Where the ALJ has discretion to choose between two competing medical expert opinions on work capacity and the weight and credibility to assign to evidence, the Appellate Division affirmed the granting of a petition for award where the board found a 15 hour per week light duty work capacity. In Hughes v. First Fleet, Inc., Dec. No. 24-14, the employee hurt his neck as a result of a car accident in the course of his employment. He had a pre-existing cervical arthritic condition. The medical opinions supported the finding that the car accident aggravated the employee's preexisting cervical condition resulting in disability contributed to by the employment in a significant manner. The ALJ therefore found the aggravation injury compensable under 39-A M.R.S.A 201(4).
Treating chiropractor Dr. Knopp stated the employee lacked functional work capacity. Neurosurgeon Dr. Omsberg issued a sec. 207 exam report where he concluded the subjective complaints did not fully correlate with the objective medical evidence. He stated the employee had a full-time light duty work capacity. The ALJ determined there was a 15 hour per week light duty work capacity. On appeal First Fleet argued the finding of 15-hour work capacity was not supported by competent evidence because no medical expert offered that opinion, and it was error for the ALJ to credit the opinion of a chiropractor on the issue of work capacity for a cervical condition over that of a neurosurgeon.
The Appellate Panel found there was competent evidence based on the medical opinions and the employee's testimony of how the injury limited his function. It is within the ALJ's province to decide what weight and credibility to assign to evidence. It is settled that an ALJ can choose between competing medical expert opinions in order to reject or accept such opinions in whole or in part. Further an ALJ may rely on employee testimony addressing the post injury ability to work. Accordingly, the record contained competent evidence. Finally, the determination of work capacity is a finding of fact not subject to appeal in the absence of legal error.