Name
Michelle Brown v. DiMillo's Inc.
Insurance Company
Memic
Date Decided
March 19, 2026
Panel Members
Cara Biddings
Katherine Gatti Rooks
Lindsey Sands
Categories
Board IMETags
File Size
206 KB
DownloadSummary from the Troubh Heisler Attorneys
Michelle Brown v. DiMillo's Inc. - 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.