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Maine WC Appellate Division Confirms Work Search Evidence Alone May Be Sufficient to Prevail on Petition for Review

In Pelletier v. Gerald Pelletier, Inc., Me. WCB App. Div. No. 17-34 (October 30, 2017), the Employee appealed from a decision denying his Petition for Review through which he sought an increase in partial incapacity benefits....more

Appellate Division to Revisit (for a Second Time) the Issue of Refusal of Suitable Work in St. Louis V. Acadia Hospital

In St. Louis v. Acadia Hospital Corp., WCB No. 10002460 (April 14, 2017), the Maine Workers’ Compensation Board issued a decision dated March 4, 2015, finding the Employee had not refused an offer of suitable work and awarded...more

Workers’ Compensation Board Appellate Division to Review Decision Dealing with Burden of Production and Proof Under the § 327...

Continuing with the case of Flaherty v. City of Portland, WCB Nos. 05032057 & 11036148 (June 22, 2017) from the previous post, the Board found the § 327 death presumption applied to the claims filed by Mrs. Flaherty under the...more

Appellate Division Revisits Issue of Refusal of Suitable Work

In Johnson v Maine Department of Transportation, WCB App. Div. No. 17-32 (October 11 2017), the employee sustained a low back injury on May 12, 2010, causing a herniated disc. He had surgery but was unable to resume his...more

Appellate Division Reverses Decision Supporting Causation Based on Speculative Medical Evidence

Generally speaking, the petitioning party bears the burden of persuasion to establish all elements of a claim on a more probably than not basis. Fernald v. Dexter Shoe Co., 670 A.3d 1382 (Me. 1996)....more

New Legislation Provides for Right to Benefits to Employees Participating in Vocational Rehabilitation, Limited Exceptions for...

The Maine Workers’ Compensation Act provides, “[w]hen as a result of injury the employee is unable to perform work for which the employee has previous training or experience, the employee is entitled to such employment...more

Appellate Division Addresses Adequacy of Findings of Fact for Appellate Review

Under§ 318 of the Maine Workers’ Compensation Act: ...From the evidence or statements furnished, the administrative law judge shall in a summary manner decide the merits of the controversy ...The administrative law judge,...more

Maine Supreme Court Case Involving Dispute Over Volunteer vs. Employee Status Could Have Far-Reaching Implications

Under the Maine Workers’ Compensation Act (§ 102(11)(A)), an “employee” is “every person in the service of another under any contract of hire, express or implied, oral or written.” Generally, volunteers are not covered...more

Appellate Division Revisits Retirement Presumption in Various Contexts

Under the “retirement presumption” (§ 223 of the Maine Workers’ Compensation Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of...more

WCB Limits Requirement for Notice of Rights Leading up to Cessation of Partial Incapacity Benefits after 520 Weeks

For injuries on or after January 1, 2013, partial compensation is calculated using 2/3 of the difference between the employee’s average weekly wage and post-injury earnings subject to the maximum rates. An employee’s benefits...more

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

Maine WC Appellate Division Places Burden on Employee to Prove Unavailability of Generic Prescription Drugs

In Belanger v. Miles Memorial Hospital, Me. WCB App. Div. No. 17-23 (May 25, 2017), Miles Memorial Hospital appealed from a decision of an ALJ granting, among other things, an employee’s Petition for Payment of Medical and...more

Maine WC Board Appellate Division Rules on § 312 Medical Findings

In Dunn-Morrell v. Viking Motors, Mr. WCB App. Div. 17-17 (April 19, 2017), the Employee was granted protection of the Act in 2007 for a May 8, 2003, low back and right shoulder injury. She was awarded ongoing total...more

WC Board Appellate Division Revisits Refusal of Suitable Work in the Context of Ongoing Employment

In Shaw v. Cumberland County Sheriff’s Department, Me. WCB App. Div. 17-14 (March 22, 2017), Shaw appealed from a decision granting her Petition for Award, awarding total incapacity benefits for two closed-end periods, but...more

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Maine Workers’ Comp Board Revises Fee Schedule

The Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A. Section 209-A for...more

12/22/2016  /  Fees , Workers Compensation Board

Maine Workers’ Comp Alert: Appellate Division Addresses Distinction Between Employees Covered Under the Act and Volunteers

In Huff v. Regional Transportation Program the Workers’ Compensation Board Appellate Division affirmed a decision finding that an individual was not an employee but, rather, a volunteer. The individual was a driver for a...more

Maine Workers’ Comp Alert: Appellate Division Rulings Update

Maine Appellate Division Affirms Award for Injury Resulting from Employer-Provided Hepatitis B Vaccination - In Torrey v. Island Nursing Home, Me. WCB App. Div. No. 16-34 (October 28, 2016) the Appellate Division...more

Maine WC Alert: WC Board Appellate Division Rules on Medical Marijuana Reimbursement

The Workers’ Compensation Board Appellate Division recently issued decisions in Bourgoin v. Twin Rivers Paper Company, WCB App. Div. No. 16-26 (August 23, 2016) and Noll v. Lepage Bakeries, Inc., WCB App. Div. No. 16-25...more

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

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

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

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

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

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

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