Posts Categorized: Workers’ Compensation

Law Court Decision issued on December 12, 2017 – Employment Status

In its second workers’ compensation opinion of the year, the Law Court has addressed determination of employment status in a unique factual context.  In Huff v. Regional Transportation Program, 2017 ME 229 (December 12, 2017), the petitioner volunteered as a driver for a non-profit agency which provided transportation services to disabled and low-income clients.  At… Read more »

WC Appellate Division Decision issued on November 3, 2017 – Challenging PI Determination

Shortly after the Law Court’s landmark decision in Bailey v. City of Lewiston, 2017 ME 160 (July 20, 2017), the Appellate Division has had an opportunity to apply the holding of that decision in a claim involving an attempt to revise a prior PI determination.  The Bailey decision is extremely significant, as the Court held… Read more »

WC Appellate Division Decision issued on October 30, 2017 – Work Search and Changed Circumstances

It has long been recognized that when the amount of entitlement to benefits for incapacity has been established by Board decree, that determination may later be revised based upon evidence of a change of economic circumstances.  A recent decision of the Appellate Division addressed the issue of whether work search evidence, without more, can be… Read more »

WC Appellate Division Decision issued on October 11, 2017 – Average Weekly Wage and Employment Status

Incapacity benefits are based upon the pre-injury average weekly wage, which in most cases is the average of the employee’s earnings received during the 52-week period preceding the injury. In the vast majority of cases earnings received during this period are simply averaged together and the resulting figure is deemed to reflect what the employee’s… Read more »

WC Appellate Division Decision issued on October 11, 2017 – Rejection of Offer of Reasonable Employment

Section 214(1)(A) provides employers with a strong mechanism for controlling costs in compensation claims.  Specifically, if an employer extends an offer of reasonable employment to an injured employee who is out of work due to an injury, and if the employee refuses that offer without good cause, the employee “is no longer entitled to any… Read more »

WC Law Court decision issued on July 20, 2017 – Res Judicata and Permanent Impairment

It has long been established that when an issue is litigated to a final conclusion before the Workers’ Compensation Board, the matter may not be re-litigated in a subsequent proceeding. This doctrine is known as res judicata, which literally means “thing adjudged”, and although the concept arose in courts of general jurisdiction it has been… Read more »

WC Appellate Division Decision issued on May 31, 2017 – Voc Rehab Plan

In Richards v. D.P. Industries, Inc., Me. W.C.B. No. 17-24 (App. Div. 2017), the employee sustained a compensable injury in 2001 which resulted in significant continuing work restrictions. Ultimately a vocational rehabilitation plan was prepared by a representative of the Department of Labor’s Division of Rehabilitation Services in November 2014. The employer did not agree… Read more »

WC Appellate Division Decision issued on May 25, 2017 – Change in Economic Circumstances

When a determination of incapacity has been made by decree, either party may file a Petition for Review to establish a different level of entitlement, but to do so the moving party must show a change of circumstances since the prior decree either through comparative medical evidence or demonstrating a change in economic circumstances. In… Read more »