Turbitt v. Blue Hen Lines, Inc.

WALSH, Justice:

In this appeal from the Superior Court, we consider the authority of the Industrial Accident Board (the “Board”) to base a determination of disability on its institutional experience. We conclude that the Board, when presented with uncontroverted expert medical opinion, may not use its administrative expertise as a basis for rejecting competent medical evidence. The Board’s resulting disability determination, thus, lacked substantial evidentiary support and cannot be sustained.

I

Appellant/Claimant-below, Bryan Turbitt (“Turbitt”), appeals a Superior Court affir-mance of a Board…