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.

Bolstridge, a Maine resident, traveled to Massachusetts to apply for and work at an AGM Marine job in Massachusetts. AGM Marine last worked in Maine in 1993 and had not bid on jobs in Maine since then. Following a 2002 injury, Bolstridge received and exhausted Longshore benefits. He then sought benefits under the Maine Workers' Compensation Act. The Maine Workers' Compensation Board found personal jurisdiction over AGM Marine appropriate and awarded benefits. The appeal followed.

The Appellate Division found the WCB's exercise of personal jurisdiction over AGM Marine in Maine inappropriate. Performing a single job in Maine in 1993, merely registering to do business in Maine since 1989, and making representations on its website that it is available to work in a region that includes Maine, "do not add up to a greater quantum of contacts required to support personal jurisdiction over a foreign employer, particularly when the injury occurred and the employment arrangement was negotiated and entered into outside the State."

The case was handled by Preti Flaherty.


Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© PretiFlaherty | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.