Name

Miranda Bickford v. Central Maine Healthcare Corp.

Insurance Company

self-insured

Date Decided

February 24, 2025

Panel Members

David Hirtle

Katherine Gatti Rooks

Mike Stovall

Categories

Medical Evidence Res Judicata Medical Evidence Res Judicata

Tags

File Size

117 KB

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Summary from the Troubh Heisler Attorneys

Bickford v. Central Maine Healthcare Corp.- Where employer relied on medical evidence that head injury resolved nine months following 2019 work injury when 2021 decree granted petition for award finding total incapacity from head injury, the Appellate Division affirmed the denial of employer’s 2023 petition for review based on res judicata. In Bickford, the employee injured her head in 2019 in the context of preexisting PTSD and anxiety conditions. Based in part on Dr. McClelland’s reports and deposition testimony that the head injury significantly aggravated these preexisting conditions, in 2021 the board issued a decree awarding total incapacity benefits. Subsequently the employer filed a petition for review seeking a reduction in compensation based on a change in medical circumstances. While Ms. Bickford’s primary care provider continued to endorse total incapacity, Dr. McClelland was now of the opinion the employee inconsistent presentation was a result of the preexisting mental health conditions and the effects of the head injury has resolved within 9 months of the injury.

The Appellate Division affirmed the ALJ’s denial of the petition for review. Dr. McClelland’s new opinions were contrary to the 2021 decree which had res judicata effect. The Judge did not err in rejecting them as comparative medical evidence

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