Appeals Board issues opinion on competing experts

On Monday, the Appeals Board released its opinion in Sharee Clay v. Signature Healthcare. The Board heard argument in the case on Oct. 1. It affirmed Judge Joshua Davis Baker’s compensation hearing order.

The case asked the Board to consider the trial court’s decision to exclude Signature Healthcare’s expert testimony as hearsay, finding that counsel did not stipulate to its admissibility. The Board found no abuse in discretion. Presiding Judge Marshall Davidson wrote, “While asserting that exclusion of the opinion was prejudicial to its case, [Signature Healthcare] did not establish that the court employed an incorrect legal standard, reached an illogical result, erroneously assessed the evidence, or relied on reasoning that caused an injustice.”

The Board also affirmed the lower court’s acceptance of Ms. Clay’s experts’ causation opinions over those of the employer’s experts. Judge Davidson wrote that, had the above doctor’s written opinion been admitted into evidence, the trial court still had little confidence that it was actually the doctor’s “final say on the matter.” Therefore, the court didn’t abuse its discretion in discounting his opinions.


Photo by Judge Brian Addington, Gray.

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