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 »

WC Appellate Division Decision issued on May 12, 2017 – Change in Economic Circumstances

It has long been recognized that in filing a Petition for Review, an employer must establish a comparative change in either medical or economic circumstances in order to justify a reduction in the level of entitlement. Comparative medical evidence is not necessary when an employer seeks to establish a change in economic circumstances. Folsom v…. Read more »

WC Appellate Division Decision issued on May 9, 2017 – The Ambiguous Section 312 Opinion

The Appellate Division recently had an opportunity to comment upon the proper treatment of an opinion of a Section 312 examiner when that opinion is ambiguous. The issue arose in a somewhat unusual procedural context. In Levesque v. Daigle Oil Company, Me. W.C.B. No. 17-21 (App. Div. 2017), the claimant was concurrently employed by Daigle… Read more »

Changes in expert witness discovery: M.R. Civ. P. 26(b)(4)(C) produces more efficient and effective collaboration

Most of us are accustomed to telling our experts to be careful because anything they put in writing can be discovered by the other side.  This is because former versions of both the Federal and Maine Rules of Civil Procedure required the disclosure of “the data or other information considered by the witness in forming… Read more »

Medical Information Privacy in the Workplace

By: Katlyn M. Davidson, Esq.  Whether and to what extent insurers and employers can share medical information regarding an employee’s workers’ compensation claim is a question which the Maine Workers’ Compensation Act provides little guidance. Sharing such medical information can be important both for insurers to keep their insureds informed of the status of a… Read more »

Reptile II: It Depends

By Jonathan W. Brogan, Esq.  As those of you who read my earlier article regarding reptile theory and its pervasive use by the plaintiff’s bar understand that this theory, though not scientifically valid, is dangerous to defendants in cases involving safety and reasonable care.  Cases that involve medical malpractice, trucking and/or auto accidents, and products… Read more »

Elizabeth M. Brogan Returns to Firm as “Of Counsel”

We are pleased to announce that Elizabeth Brogan has rejoined the firm, “of counsel,” and will be working with the Governmental Relations and Workers’ Compensation practice groups, representing the interests of the employer and self-insured employer community before the Maine Legislature. Elizabeth initially joined the firm in 1987, fresh from a year as a visiting… Read more »

NHD ranked in the 2017 Edition of U.S. News – Best Lawyers

Norman, Hanson & DeTroy is honored to be ranked in the 2017 edition of U.S. News – Best Lawyers. The Firm has been recognized for the following practice areas: Metropolitan Tier 1 Portland-ME Appellate Practice Arbitration Commercial Litigation Criminal Defense: Non-White-Collar Criminal Defense: White-Collar Insurance Law Labor Law – Union Litigation – Real Estate Mediation… Read more »

Matthew Mehalic Awarded Professional Insurance Designation

Matthew Mehalic has been awarded the professional insurance designation Chartered Property Casualty Underwriter (CPCU®) by The Institutes. This announcement was made by Peter L. Miller, CPCU, president and chief executive officer. The Institutes are an educational organization that confers the CPCU designation on persons who complete eight rigorous courses and examinations and meet its ethics… Read more »

Pitfalls in Using Nonprofits as a Return to Work Option

By Lindsey M. Sands  A key method to reduce exposure on any claim following a work-related injury is to be able to provide the injured employee with accommodated work.   This option, when feasible, benefits all involved.  It allows employers to limit indemnity costs associated with any injury while getting necessary work done.  It also provides… Read more »