John Cronan III

John Cronan III

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Maine Workers’ Compensation Board Appellate Division Rules on Application of Rule 1.1

In Nickerson v. Paul’s Marina, App. Div. Dec. No. 16-17, the employee was struck in the head with a beam on May 4, 2010. He reported the injury to a representative of the employer on May 7, 2010. Paul’s Marina contacted its...more

6/13/2016 - ALJ Appeals Lost Wages Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Supreme Court Rules on Maximum Benefits Payable in the Context of More Than One Injury

In Freeman v. NewPage Corporation, 2016 ME 45 (March 31, 2016) the Law Court affirmed an ALJ’s decision that an employee could not be awarded benefits over the maximum compensation rate even if the employee has suffered more...more

5/11/2016 - ALJ ME Supreme Court Workers Compensation Act Workers Compensation Awards Workers' Compensation Claim Workplace Injury

Maine WC Board Rules on Apportionment in Context of Gradual Injury

In City of Portland v. Moses, WCB App. Div. 16-4 (February 22, 2016) the employee, a firefighter and EMT, alleged a gradual work injury from exposure to traumatic events in the course of employment. From 2002 until 2010 he...more

4/21/2016 - ALJ Apportionment Employer Liability Issues PTSD Workers' Compensation Claim Workplace Injury

Maine WC Board Appellate Division Addresses Several Cases Dealing with the Application of the “Retirement Presumption”

Under the “retirement presumption” (Section 223 of the Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of earnings as the result...more

4/21/2016 - ALJ Appeals Lost Wages Rebuttable Presumptions Retirement Vacation Leave Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Workers’ Compensation Board Rules on Compensability of Medical Marijuana; Appellate Division to Ultimately Rule on the Issue...

In December 2015 the Workers’ Compensation Board Appellate Division heard oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the ALJ found the cost of medical...more

2/11/2016 - ALJ Casualty Insurance Health Insurance Medical Marijuana Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Workers’ Compensation Board Appellate Division to Rule on Compensability of Medical Marijuana

In December 2015 the Workers’ Compensation Board Appellate Division will hear oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the WCB found the cost of medical...more

11/17/2015 - ALJ Appeals Health Insurance Medical Marijuana Oral Argument Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Workers’ Compensation Alert: Maine WCB Appellate Board Rules Vocational Rehabilitation Presumption is Rebuttable

In Axelsen v. Interstate Brands Corp., App. Div. Dec. No. 15-27 (October 22, 2015) the Workers’ Compensation Board Appellate Division found the presumption in section 217 of the Workers’ Compensation Act is rebuttable....more

11/6/2015 - Appeals Rebuttable Presumptions Rehabilitation Benefits Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Workers’ Compensation Alert: Board Revises Fee Schedule and Changes Reimbursement Rules

The Maine Workers’ Compensation Board has published a new Medical Fee Rule and made revisions to rules regarding reimbursement and expense payments, effective October 1, 2015. The following are some key changes...more

10/28/2015 - Health Care Providers Medical Records Out-of-Pocket Expenses Reimbursements Travel Expenses Workers Compensation Board Workers' Compensation Claim

Maine Workers’ Compensation Alert: Appellate Division Rules on Compensability of Home Renovations

Section 206 of the Maine Workers’ Compensation Act provides: “An employee sustaining a personal injury arising out of and in the course of employment . . . is entitled to reasonable and proper medical, surgical and hospital...more

10/23/2015 - Prudential Insurance Renovations Workers Compensation Act Workers Compensation Board Workers' Compensation Claim Workplace Injury

Maine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements

In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as...more

9/1/2015 - Civil Monetary Penalty Construction Industry Employer Liability Issues Independent Contractors Misclassification Vacated Wage and Hour Workers Compensation Board

2015 Maine Workers’ Compensation Legislation Update

Recent legislation passed amends provisions of the Maine Workers’ Compensation Act. The legislation: ..Allows wages on wage statements to be reported in the same manner as wages were paid; ..Changes the title of...more

8/20/2015 - ALJ Amended Legislation Wage Statements Workers Compensation Act Workers Compensation Board Workers' Compensation Claim

Maine Workers’ Compensation Alert: New Cost of Living Adjustment Effective July 1, 2015

An injured employee is entitled to an adjustment in the weekly compensation rate under certain circumstances. This is called a Cost of Living Adjustment (COLA). Many of these adjustments occur on July 1, 2015....more

7/2/2015 - Cost-of-Living Adjustment (COLA) DOL Workers' Compensation Claim Workplace Injury

Maine Workers' Compensation Alert: Supreme Court Rules on Application of § 327 Presumption

In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and...more

2/3/2015 - Death Benefits Employer Liability Issues Workers Compensation Awards

Maine Workers' Compensation Alert: Workers' Compensation Appellate Division Holds that in a Claim to Death Benefits, Dependency...

In Foley v. Thermal Engineering International, Inc., Me. WCB App. Div. Decision No. 15-2 (January 13, 2015), the Workers' Compensation Board Appellate Division held that, in a claim to death benefits, dependency status is...more

1/29/2015 - Death Benefits Dependents Workers Compensation Awards

Maine Workers' Compensation Alert: Supreme Court Upholds Hearing Officer's Decision to Suspend Workers' Compensation Benefits to...

In Johnson v. Home Depot USA, Inc., 2014 ME 140 (December 11, 2014), the Law Court held that deference will be afforded to Workers' Compensation Board Hearing Officers to fashion appropriate remedies in unique...more

1/7/2015 - Administrative Hearings Home Depot Workplace Injury

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

8/18/2014 - Bodily Injury CMS Healthcare Medical Expenses Workplace Injury

Workers' Compensation Alert: WC Board Appellate Division Update

In Bolstridge v. AGM Marine Contractors, Inc., Me. WCB App. Div. No. 14-14, the Appellate Division overturned a WCB decision which had found the WCB had personal jurisdiction over AGM Marine, a Massachusetts corporation....more

5/21/2014 - Employee Benefits Jurisdiction Personal Jurisdiction

Workers' Compensation Alert: Predetermination/Misclassification in the Construction Industry

In Nate Holyoke Builders, Inc. et al. v. WCB AIU, WCB App. Div. No. 14-11 (April 24, 2014), the employer appealed a decision imposing a $30,000 penalty for misclassification of nine employees as independent contractors. The...more

4/29/2014 - Construction Workers Independent Contractors Misclassification Penalties Workers Compensation Board

Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

4/18/2014 - Disability Discrimination Employer Liability Issues Hiring & Firing Reasonable Accommodation Rent Termination Workers' Compensation Defense

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