Killam v. MaineHealth (Decision 26-08) – Appellate Division affirms ALJ finding of no work capacity based on 312 IME opinion. The panel rejected the employer’s argument that a supplemental statement by the 312 IME on a gradual return to work created sufficient ambiguity that compelled the ALJ to disregard other statements of no work capacity. Even if the supplemental report created ambiguity, the ALJ properly considered the large contexts of the facts of the case to find no work capacity.
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