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In re Appeal of Fay12/8/2003
ty of the hospital. More specifically, Fay argues that the board's decision was contrary to the weight of evidence and is therefore unjust and unreasonable. We disagree.
As set forth above, we will affirm the board's decision unless Fay can demonstrate, by a clear preponderance of the evidence, that it is unjust or unreasonable. CNA Ins. Co., 148 N.H. at 319. Moreover, in reviewing the board's findings, "our task is not to determine whether we would have found differently than did the board, or to reweigh the evidence, but rather to determine whether the findings are supported by competent evidence in the record." Appeal of Sutton, 141 N.H. 348, 350 (1996) (quotation and brackets omitted).
The burden was on Fay to demonstrate that his mental health counseling and gastrointestinal treatments were the result of his back injury. See id. " was required to prove legal causation, that is, that injury is work-connected, and medical causation, that is, that [his emotional and gastrointestinal problems were] actually caused by the work-related event." Id. (quotation omitted).
"Medical causation is a matter properly within the province of medical experts, and the board is required to base its findings on this issue upon the medical evidence rather than solely upon its own lay opinion." Appeal of Demeritt, 142 N.H. 807, 810 (1998) (quotation omitted). This standard, however, does not mandate that workers' compensation benefits be awarded to every claimant who presents uncontroverted medical testimony on the issue of causation. Id. Rather, " he board is entitled to ignore uncontradicted medical testimony, but must identify the competing evidence or the considerations supporting its decision to do so." Id. (quotation and brackets omitted). Moreover, the board is free to disregard expert testimony, particularly "when the expert opinion . . . derives at least in part from narrative from the patient-petitioner himself, whose credibility is thereby the subject of inquiry." Appeal of Gamas, 138 N.H. 487, 491 (1994).
After a careful review of the record, we hold that the board did not err as a matter of law when it ruled that Fay failed to prove that his mental health treatments were a result of his workplace injury. As it is entitled to do, the board rejected the Foster-Smiths' uncontroverted testimony because it found that their opinions were not credible. In reaching this conclusion, the board relied upon several pieces of evidence that were before it. First, the board noted that the Foster-Smiths relied wholly on Fay's narrative and did not review any of Fay's prior medical history. See id. The board further noted that Catherine Foster-Smith's opinion was based on a misconception of what Fay's job entailed and that Paul Foster-Smith was "unable to definitely state what brought on the claimants' anxiety, depression and panic symptoms." Additionally, the board relied upon Fay's medical records, which indicated that his panic and depression symptoms were chronic, a diagnosis unknown to the Foster-Smiths because they failed to review Fay's medical records. Accordingly, the board did not commit error when it disregarded the ultimate opinions offered by Paul and Catherine Foster-Smith.
We reach the same conclusion with regard to the board's ruling that Fay failed to prove that his gastrointestinal treatments were a result of his workplace injury. Fay testified that he experienced stomach problems after he injured his back. Fay offered no medical evidence to corroborate his claim that his stomach problems were a result of his back injury. Because the burden was on Fay to demonstrate with medical evidence that his need for gastrointestinal treatments was the result of his ba
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