Name
Teresa Moffitt v. Fastenal Company
Insurance Company
Travelers Insurance Company
Date Decided
March 6, 2025
Panel Members
Mike Stovall
Categories
Total Incapacity Medical Evidence Medical Evidence Total IncapacityTags
File Size
179 KB
DownloadSummary from the Troubh Heisler Attorneys
Teresa Moffitt v. Fastenal Company- Where medical expert opinion on causation of thoracic outlet syndrome was ambiguous, it was not error for the ALJ to consider the larger context in which the opinion was offered to construe the intent of the expert on causation. The ALJ did not err by accepting an ambiguous causation conclusion of a nurse practitioner over that of a sec. 207 orthopedic examiner as it is within the purview of an ALJ to choose among medical expert opinion.
The ALJ did not err in awarding total incapacity benefit where the employee had at best limited work capacity and that capacity was questioned by other medical providers. Trivial or extremely limited work capacity can support an award of total incapacity benefits.