Cyr v. J.I. Case Co.

That opinion asserts, and bases its mandate on the assertion, that it was error for the trial judge to admit evidence of the existence of workers’ compensation benefits available to the plaintiff. It holds that the admission “plainly fails the balancing test contained in New Hampshire Rule of Evidence 403” and that “the court plainly abused its discretion in admitting evidence of Cyr’s receipt of workers’ compensation benefits.” I do not find the conclusion so plain. The admission of this evidence, in my view, is within the discretion of the trial court.

The record establishes that there was a…