Workers’ Compensation Court of Appeals Digest

Workers’ Compensation

Expert Medical Testimony

Employee appealed the denial of workers’ compensation benefits, arguing that a bacterial eye infection was either an occupational disease or a specific work-related injury caused by exposure to clients while providing personal care. The Workers’ Compensation Court of Appeals held that the employee forfeited any foundational challenge to the employer’s expert medical opinion by failing to object to its admission at the hearing or raise the issue in the notice of appeal. The court further held that substantial evidence supported the compensation judge’s finding that the employee failed to establish causation. It explained that the compensation judge reasonably credited the ophthalmologist’s opinion that the infection resulted from longstanding issues with the employee’s eye implant and conformer rather than workplace exposure, while finding the employee’s treating physician’s causation opinion less persuasive because it was speculative and outside his area of expertise. Affirmed.

WC25-6632 Bellamy v. Midwest Special Servs., Inc.