2016
Clayton v. State of Maine
Date: December 16, 2016 Topic: Entitlement to Incapacity Benefits During Full-time School Attendance In a recent decision by the Maine Workers’ Compensation Appellate Division, the panel upheld Administrative Law Judge Pelletier’s determination that full-time school attendance does not preclude an award of partial incapacity benefits. The employee’s Petition for Award was granted at the hearing level, providing … Continued
Genest v. S.D. Warren Company
Decided: November 3, 2016 Topic: Average Weekly Wage Calculation with Fringe Benefits It may be tempting to read this recent Appellate Division decision and choose to overlook it due too much math being involved to figure out what exactly has been decided and whether it matters. Luckily for you, I’ve done all the math and … Continued
Torrey v. Island Nursing Home
Decided: October 28, 2016 Topic: Arising out of employment In a recent en banc decision by the Maine Workers’ Compensation Appellate Division, the panel upheld Administrative Law Judge David Hirtle’s determination that a non-mandatory vaccination injury arose out of the employment. The Workers’ Compensation Board director, Paul Sighinolfi, determined the issues presented by Torrey v. … Continued
Cantara v. Dube Design & Construction, Inc.
Decided: October 20, 2016 Topic: Payment of benefits pending appeal Promptly pay what is ordered whether or not you agree with the decision – this is the message the Maine Workers’ Compensation Appellate Division recently affirmed in a pair of decisions in “Cantara v. Dube Design & Construction, Inc”. Administrative law judge Mike Stovall had ordered payment of incapacity … Continued