Meade v. Southworth-Milton
Sentry Insurance Company
March 26, 2013
IME§312 Psychological Impairment Permanent Impairment
Summary from the Troubh Heisler Attorneys
Richard Meade was injured at work in 2003, and a prior decree found he had 10% physical permanent impairment from his injury. He then tried to add psychological PI to put him above the threshold for lifetime partial incapacity benefits. In 2009, Dr. Carlisle Voss had estimated his psychological PI at 7%, although Dr. Voss had conceded that Mr. Meade had not yet reached maximum medical improvement. A subsequent §312 independent medical examination, however, found that he had reached MMI and had 0% psychological PI from his injury, and Hearing Officer Sue Jerome adopted that opinion.
Meade appealed, arguing "clear and convincing evidence to the contrary" in Dr. Voss's report, but the Appellate Division panel upheld her decision. The panel held that a HO Jerome could reasonably have concluded that it was not "highly probable" that the record did not support the IME findings.