Al-Zubaidi v. Barber Foods LLC (Decision 26-06) – Appellate Division affirms ALJ adoption of Dr. Donovan’s 312 IME conclusions. The presence of conflicting evidence does not compel a contrary result where the IME conclusions were supported by competent evidence. The Appellate Division will reverse an ALJ’s adoption of 312 IME conclusions only if the findings are not supported by competent evidence or the record discloses no reasonable basis to adopt those findings.

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Daniel F. Gilligan