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Idaho: Commission Has Discretion to Find Independent Medical Examiner’s Opinion More Persuasive

September 16, 2016 (1 min read)

The Supreme Court of Idaho held substantial and competent evidence supported the Commission’s finding that the need for the claimant’s cervical spine surgery was not caused by a prior work-related accident where the Commission relied upon an IME’s opinion that the claimant’s symptoms were more probably related to preexisting cervical degenerative arthritis. As factfinder, the Commission was free to find the medical examiner’s opinion more persuasive. Nor did the Commission err in determining that claimant had the burden of proving medical causation, given the abundance of case law so holding.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Jordan v. Dean Foods, 2016 Ida. LEXIS 247 (Sept. 9, 2016)

See generally Larson’s Workers’ Compensation Law, § 130.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law