Supreme Court of New Hampshire
Appeal of Fran Rancourt
August 16, 2023
Summary
The court affirmed the Compensation Appeals Board’s decision reducing Fran Rancourt’s temporary total disability benefits to the diminished earning capacity rate. It held that competent evidence, including an independent medical examiner’s opinion that Rancourt could perform full-time modified work, supported the CAB’s finding of changed work capacity and earning capacity. The court also upheld the CAB’s credibility determinations, consideration of recreational activities, and finding that Rancourt’s later hamstring injury was not causally related to her work injury.