Name
William Parker v. City of Lewiston
Insurance Company
CCMSI
Date Decided
June 4, 2025
Panel Members
David Hirtle
Christine Smith
Mike Stovall
Categories
Medical Evidence Partial Incapacity Medical Evidence Partial IncapacityTags
File Size
164 KB
DownloadSummary from the Troubh Heisler Attorneys
William Parker v. City of Lewiston- Where there was competent medical and other evidence to support the ALJ’s conclusion that employee has full time minimum wage earning capacity, the ALJ did not err in awarding ongoing partial incapacity benefits.
Parker injured his leg and hip in 2015. He filed a petition for review and for award. A board IME doctor testified three months prior to hip replacement surgery. During the deposition the 312 IME stated he expected Parker would regain light duty work capacity three months following the surgery. The employer submitted a labor market survey evidencing a market for full time sedentary earnings. Parker did not submit work search. The ALJ granted the petitions and awarded partial incapacity benefits based on an imputed full time minimum wage earning capacity.
Parker appealed contending the ALJ erred by relying on the 312 IME testimony that light duty work capacity would be regained because the surgery had not yet occurred. The medical opinion was too speculative. The Appellate Division rejected that argument in part because of the weight to be given the 312 opinions, other evidence and testimony which inferred post-surgery work capacity and Parker’s failure to put in evidence medical opinions of no work capacity. The panel further concluded the ALJ did not err by relying on the labor market survey as the survey included available positions for sedentary work, and Parker did not produce rebutting work search or labor market evidence. The ALJ was not compelled to award ongoing 100% partial incapacity benefits.