Kelly Hoffman Has Been Selected as a Representative of Team USA in the 2018 FIH Masters World Cup

It is important to recognize the accomplishments of our attorneys both in and out of the courtroom.  When we learned Kelly Hoffman was named to the U.S. Women’s Masters Field Hockey training squad, we recognized this achievement in the “Kudos” section of our Summer 2017 newsletter.  We are elated to announce that after five months… Read more »

WC Law Court Recognizes Credit for Social Security Retirement Benefits Paid in the Past

It has been recognized in several Law Court decisions that, generally speaking, there is no right to recover an overpayment of workers’ compensation benefits by taking an offset or by claiming reimbursement.  However, in a significant new decision, the Court has held that an employer is entitled to a credit for the value of Social… Read more »

WC Appellate Division Decision issued on January 17, 2018 – Multiple Gradual Injuries to Same Area

It had been determined by the Board that the employee sustained a gradual occupational injury to his right elbow on October 29, 2000.  Several years later the employee filed a Petition for Award alleging a second gradual injury to the same portion of the body occurring on May 8, 2009.  There was conflicting medical evidence… Read more »

WC Appellate Division Decision issued on January 16, 2018 – Record of Mediation

When parties reach agreement at mediation and the issues agreed to are reflected in the record, the record is fully binding upon the parties and has the effect of a final Board determination.  However, when no agreements are reached and the mediation is considered unresolved, the record itself has no res judicata effect. In Karimova… Read more »

David Herzer will chair the Maine Professional Ethics Commission again for 2018

The Professional Ethics Commission is comprised of eight attorneys who meet monthly to volunteer their time and expertise to render formal and informal written advisory opinions to the Court, Board, Grievance Commission, Bar Counsel, and members of the Maine bar involving the interpretation and application of the Maine Rules of Professional Conduct applicable to lawyers. … Read more »

WC Appellate Division Decision issued on December 29, 2017 – Challenge to Section 201(3) Rejected

In its final decision of 2017 an en banc panel of the Appellate Division consisting of seven ALJs unanimously denied an appeal brought by an employee in a case in which a claim of a gradual mental injury had been denied.  In Henderson v. Town of Winslow, Me. W.C.B. No. 17-46 (App. Div. 2017), the… Read more »

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 »

NHD Ranked in the 2018 Edition of U.S. News – Best Lawyers

Norman, Hanson & DeTroy is honored to be ranked in the 2018 edition of U.S. News – Best Lawyers. The Firm has been recognized for the following practice areas: Metropolitan Tier 1 Portland-ME Appellate Practice Commercial Litigation Insurance Law Labor Law – Union Litigation – Real Estate Medical Malpractice Law – Defendants Personal Injury Litigation… Read more »

WC Appellate Division Decision issued on November 13, 2017 – Scope of Bailey Decision

In Bailey v. City of Lewiston, 2017 ME 160, 168 A.3d 762, the Law Court ruled that after a PI determination has been made by the Board, an employer cannot seek to lower the assessment in a subsequent proceeding based upon a change in medical condition.  However, in its opinion the Court in the broadest… 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 »