Free New Hampshire Supreme Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | New Hampshire Supreme Court August 13, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | #MeToo and What Men and Women Are Willing to Say and Do | SHERRY F. COLB | | Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward. | Read More |
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New Hampshire Supreme Court Opinions | Appeal of Laura LeBorgne | Docket: 2019-0464 Opinion Date: August 12, 2020 Judge: Anna Barbara Hantz Marconi Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury | Petitioner Laura LeBorgne appealed a New Hampshire Compensation Appeals Board (CAB) decision upholding the denial of her request for reimbursement for massage therapy that she received in New York to treat an injury suffered while working for respondent, Elliot Hospital. She argued the CAB erred in finding that she failed to satisfy her burden to prove that the treatment was reasonable, necessary, and related to her workplace injury, and in applying the requirements of RSA 281-A:23, V(c) (2010) to her case. The New Hampshire Supreme Court determined failure to meet the requirements of RSA 281-A:23, V(c) was irrelevant to the determination of whether the treatment received was reasonable, necessary, and related to the workplace injury under RSA 281-A:23, I. Thus, the Court held the CAB improperly determined that petitioner failed to establish that her New York massage therapy treatment was reasonable, necessary, and related to her 2011 injury because the form required by RSA 281-A:23, V(c) had not been submitted. "[A]lthough some of [petitioner's physician's] notes did not contain his recommendation that petitioner continue massage therapy, the CAB explicitly found that [the physician] ordered the continuance of massage therapy and gave substantial weight to his opinion that massage therapy was reasonable and necessary in treating her work-related injury. The CAB could not reasonably have found that the petitioner failed to prove that the massage therapy treatment at issue was reasonable, necessary, and related to her workplace injury because some of [the physician's] notes did not contain the massage recommendation, while also finding, based upon the evidence before it, that [he] ordered the continuance of massage therapy." The CAB was reversed and the matter remanded for further proceedings. | |
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