Cited by
Opinions in New Hampshire that cite Appeal of Gamas, 642 A.2d 925.
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Appeal of Aaron Geller, M.D.
N.H. 2019
at 496; Appeal of Gamas, 138 N.H. 487, 490-91 (1994).
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Appeal of Kasey L. Dillon, P.A. & a.
N.H. 2019
Dell, 140 N.H. at 496; Appeal of Gamas, 138 N.H. 487, 490-91 (1994).
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Appeal of Kathleen Burl-Cardin
N.H. 2016
Appeal of Gamas, 138 N.H. 487, 490-91 (1994); see Appeal of Northern New England Tele.
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Appeal of Harleysville Insurance
937 A.2d 913
N.H. 2007
Our task is not to determine whether we would have found differently than did the CAB, or to reweigh the evidence, but rather to determine whether the findings are supported by competent evidence in the record.
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In re Fay
837 A.2d 329
N.H. 2003
derives at least in part from narrative from the patient-petitioner himself, whose *326 credibility is thereby the subject of inquiry.” Appeal of Gamas, 138 N.H. 487, 491 (1994).
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Appeal of Land Acquisition, L.L.C.
767 A.2d 948
N.H. 2000
administrative boards comprised of non-attorney members.” Appeal of Gamas, 138 N.H. 487, 492, 642 A.2d 925, 928 (1994).
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Appeal of Rockingham County Sheriff's Department
737 A.2d 1130
N.H. 1999
Although the board is free to weigh the validity of the evidence presented as it deems appropriate, such weighing must be done in the context of the evidence presented, cf. Appeal of Gamas, 138 N.H. 487, 490-91, 642 A.2d 925, 927 (1994), and within the dictates regarding the allocation of evidentiary burdens, cf. Appeal of Lalime, 141 N.H. 534, 537, 687 A.2d 994, 997 (1996).
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Appeal of Walker
737 A.2d 677
N.H. 1999
Nowhere does the board say or intimate that the petitioner was not credible or that it disbelieved her testimony.
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Appeal of Savage
737 A.2d 1109
N.H. 1999
Nowhere does the board say or intimate that the petitioner was not credible or that it disbelieved his testimony.
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Appeal of Jackson
698 A.2d 1
N.H. 1997
We will uphold the findings and rulings of the board “unless they lack evidentiary support or are tainted by legal error.” Appeal of Gamas, 138 N.H. 487, 491, 642 A.2d 925, 928 (1994); see RSA 541:13 (1974).
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Appeal of Chickering
693 A.2d 1169
N.H. 1997
As with conflicting testimony from distinct witnesses, the board is “free to disregard or accept, in whole or in part,” the expert’s testimony, and we must give the board’s decision great deference.
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Appeal of Newcomb
690 A.2d 562
N.H. 1997
derives at least in part from narrative *669 from the patient-petitioner himself, whose credibility is thereby the subject of inquiry.” Appeal of Gamas, 138 N.H. 487, 491, 642 A.2d 925, 927 (1994).
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Appeal of Lalime
687 A.2d 994
N.H. 1996
“Our task is not to determine whether we would have found differently than did the board, or to reweigh the evidence, but rather to determine whether the findings are supported by competent evidence in the record.” Appeal of Gamas, 138 N.H. 487, 490, 642 A.2d 925, 927 (1994) (quotations omitted).
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Appeal of Sutton
684 A.2d 1346
N.H. 1996
Although Brannan, the petitioner’s treating mental health worker, offered testimony that conflicted with the board’s decision, the board was free to reject this testimony in favor of the testimony of Dr. Weiner.
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Appeal of Elliott
675 A.2d 204
N.H. 1996
RSA 541:13 (1974); see Appeal of Gamas, 138 N.H. 487, 490, 642 A.2d 925, 927 (1994).
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Appeal of Dell
668 A.2d 1024
N.H. 1995
Where, as here, the board was faced with conflicting medical evidence, it was “free to disregard or accept, in whole or in part, that [evidence].” Appeal of Gamas, 138 N.H. 487, 491, 642 A.2d 925, 927 (1994).
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Appeal of Commercial Union Insurance
666 A.2d 987
N.H. 1995
This is the type of mechanism that could clearly cause a disc protrusion to occur.” Although Dr. Sherwin, solicited by Liberty Mutual for an opinion, stated that the 1992 injury resulted in the need for the 1993 surgery, the board was free to reject that evidence in favor of the conflicting opinion of Dr. Polivy.
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Distinguished
Appeal of Cote
660 A.2d 1090
N.H. 1995
We note that this case is distinguishable from Appeal of Gamas, 138 N.H. 487, 642 A.2d 925 (1994), where we deferred to a board ruling that was unsupported by most of the evidence.
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In re of Abbott
653 A.2d 1113
N.H. 1995
*420 “Our task is not to determine whether we would have found differently than did the board, or to reweigh the evidence, but rather to determine whether the findings are supqrted by competent evidence in the record.” Appeal of Gamas, 138 N.H. 487, 490, 642 A.2d 925, 927 (1994) (quotation omitted).
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City of Manchester Fire Department v. Gelinas
649 A.2d 50
N.H. 1994
As the record supports this conclusion, we will not disturb it.