Appeal of Rancourt
Annotate this CaseClaimant Fran Rancourt appealed a Compensation Appeals Board (CAB) decision granting the request of the carrier, AIM Mutual — NH Employers Ins. Co., for a reduction of the claimant’s benefits from the Temporary Total Disability (TTD) rate to the Diminished Earning Capacity (DEC) rate. At the time of her injury, the claimant was employed as the “vice president of academic and community affairs” for the Community College System of New Hampshire (CCS). The injury occurred when the claimant slipped on ice, hitting her head. She was taken to the hospital where she received 11 staples to close a wound in her head. Three months later, the claimant was assessed by Dr. Glassman, an independent medical examiner, who recommended “partial duty modified work part-time” and physical therapy, and that the claimant see a concussion specialist. He concluded that claimant did “not have the ability to return to full duty work at this time,” but opined that “she could be evaluated for partial duty work, working three to four hours a day, two to three days a week.” In July 2019, claimant was visiting a friend in Maine when she fell stepping into a boat. As a result of the fall, the claimant severely injured her left hamstring, resulting in surgery. She reported that the fall was a result of problems with her depth perception related to her head injury. In March 2020, Glassman performed another independent medical examination to evaluate the extent of claimant’s continuing disability. Glassman reported that claimant continued to suffer from “postconcussion syndrome” as a result of the work injury in 2017. He concluded that claimant “has not returned to her pre-accident status” and “still has ongoing deficits and ongoing symptoms.” He reported that claimant feels about “60% improved,” and that, while “she is being seen by neuro-optometry and speech therapy,” she “has reached maximum medical improvement” for her post-concussion syndrome. It was his opinion that “no further treatment is indicated for the date of injury of November 20, 2017.” In May 2020, the carrier requested a hearing, pursuant to RSA 281-A:48 (2010), seeking to reduce or terminate the TTD indemnity benefits claimant had been receiving. The hearing officer granted the carrier’s request to reduce benefits as it related to claimant’s changed condition. Finding no reversible error in that decision, the New Hampshire Supreme Court affirmed.
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