Michelle Brown v. DiMillo’s Inc. (Decision No. 26-02) – Where the employee underwent three sec. 312 IME’s, the ALJ rejected the psychiatric 312 opinion that Brown’s mental health problems were connected to the work injury, and found her testimony lacked credibility to the point where she failed to meet her burden of proof, the Appellate Division affirmed the ALJ granting the petition for award in part, awarding incapacity for a closed end period but not ongoing. Discussion of burdens of proof and weight to be afforded 312 IME’s.
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