WC Appellate Division Decision issued on June 7, 2019 – Termination Due to Cause from Post-Injury Employment

Termination Due to Cause from Post-Injury Employment A recently issued Appellate Division case provides some clarity to the murky question as to what effect, if any, does termination due to cause have on the analysis of an injured worker’s post-injury earning capacity. In O’Leary v. Northern Maine Medical Center, the employee sustained a 2011 back… Read more »

WC Appellate Division Decision issued on May 14, 2019 – Social Security Retirement Benefits and 14-Day Violation

Social Security Retirement Benefits and 14-Day Violation The Appellate Division recently issued a notable decision in a case titled Butler v. City of Portland.  This decision addresses two issues:  (1) the applicability of the Social Security retirement benefit authorized under the coordination of benefits provision in §221; and (2) whether a 14 day violation exists… Read more »

The First Circuit Significantly Expands the Scope and Reach of the Maine Human Rights Act

By Devin W. Deane, Esq. In a recent decision, Roy v. Correct Care Solutions, LLC, 914 F.3d 52 (1st Cir. 2019), the United States Court of Appeals for the First Circuit significantly expanded the scope and reach of employer and non-employer liability under the Maine Human Rights Act (“MHRA”).  Addressing “unresolved questions of Maine Law,”… Read more »

Breach of Home Construction Contracts Act Does Not Entitle Homeowner To Substantial Damages or Recovery of All Attorney’s Fees Incurred in Prosecuting Claim

By Matthew T. Mehalic, Esq., CPCU In John Sweet II v. Carl E. Breivogel et al., 2019 ME 18 (Jan. 29, 2019), the Law Court looked at the connection between the Home Construction Contracts Act (HCCA) and the Unfair Trade Practice Act (UTPA).  The case arose out of the home construction of a timber frame… Read more »

Decision to Discharge Patient Appropriate and Medical Malpractice Prelitigation Screening Panel Not Equivalent to Trial

By Matthew T. Mehalic, Esq., CPCU In Randy N. Oliver, II et al. v. Eastern Maine Medical Center, 2018 ME 123 (August 21, 2018), the Law Court addressed whether EMMC was negligent when it discharged an individual despite contrary instructions given by the individual’s limited guardians to the hospital.  The Superior Court entered judgment in… Read more »

No Liability Coverage Under Homeowner’s Policy for Premeditated Assault

By Matthew T. Mehalic, Esq., CPCU In Vermont Mutual Insurance Company v. Jonathan Ben-Ami, et al., 2018 ME 125 (August 21, 2018), the Law Court addressed whether the expected or intended injury exclusion applied where an individual carried through a premeditated attack on another.  James Poliquin, Esq. of Norman, Hanson & DeTroy, LLC represented Vermont… Read more »

Medicare Set-Asides: Are You Paying Too Much?

By:  Stephen Hessert Background Medicare came into being in 1935 as part of the original Social Security Act enacted by Congress.  It was described as “a federally funded health insurance program for the elderly and the disabled.”  Over the years, its cost became problematic and in the late 1970s, a General Accounting Office study suggested… Read more »

NHD Recognized by Chambers & Partners

Chambers & Partners USA 2018 has recognized NHD as a Top Firm in the category Litigation: General Commercial. Additionally the following NHD attorneys have received the “Ranked Lawyer” distinction in the publication: Emily A. Bloch – Maine Litigation: Medical Malpractice & Insurance Jonathan W. Brogan – Maine Litigation: Medical Malpractice & Insurance Mark G. Lavoie… Read more »

WC Appellate Division Decision issued on June 14, 2018 – Average Weekly Wage

Average Weekly Wage The employee was employed by the same employer for 52 weeks prior to a December 17, 2014 injury, but for approximately 13 of those weeks she was out of work for non-occupational reasons and received STD benefits which were substantially lower than her customary weekly earnings.  The ALJ determined the average weekly… Read more »

WC Appellate Division Decision issued on May 14, 2018 – Statute of Limitations

Statute of Limitations Ten years ago the Law Court ruled in Wilson v. Bath Iron Works, 2008 ME 47, 942 A.2d 1237 that the two-year statute of limitations does not begin to run until the employer files a First Report of Injury, regardless of how much time may have passed since the injury occurred.  In… Read more »