2017
Pickering v. State of Maine, Department of Conservation
Decided: March 21, 2017 Topic: Arising Out Of For full text of the decision, visit: http://www.maine.gov/wcb/Departments/appellate/2017decisions/17-11_Pickering_v._State_of_Maine,_Department_of_Conservation_3-21-17.pdf
Stevens v. L.L. Bean
Decided: March 3, 2017 Topic: Change in Medical Circumstances & Res Judicata For full text of the decision, visit: http://www.maine.gov/wcb/Departments/appellate/2017decisions/17-10_Stevens_v._L.L._Bean_3-6-17.pdf
Estate of Boyle v. W.W. Osborne
Decided: February 28, 2017 Topic: 14-Day Violation & Agent Notice Requirements For full text of the decision, visit: http://www.maine.gov/wcb/Departments/appellate/2017decisions/17-9_Estate_of_Boyle_v._W.W._Osborne_2-28-17.pdf
Estate of Boyle v. Lappin Brothers, Inc.
Decided: February 28, 2017 Topic: Last Injurious Exposure & Proper Appellate Procedures For full text of the decision, visit: http://www.maine.gov/wcb/Departments/appellate/2017decisions/17-8_Estate_of_Boyle_v._Lappin_Brothers,_Inc._2-28-17.pdf
Gowen v. L.L. Bean
Decided: February 3, 2017 Topic: Permanent Impairment This appellate decision presents an interesting look at burden shifting when permanent impairment [PI] is at issue. The panel felt the employee, Ms. Gowen, had met her burden to produce “some evidence to persuade a reasonable fact-finder of the existence of a genuine issue concerning the percentage of permanent impairment.” … Continued
Fuller v. Hannaford Brothers Co.
Decided: February 17, 2017 Topic: Appellate Review Standards This recent decision by the Appellate Division reviews the role the panel plays when evaluating legal causation determinations of an underlying Administrative Law Judge. The Law Court has stated that this “task is not to determine whether the [ALJ] reached the only correct conclusion but rather, whether … Continued
Paradis v. Twin Rivers Paper Company
Decided: January 23, 2017 Topic: Retirement Presumption In this recent Appellate Division decision, the retirement presumption in §223 of the Workers’ Compensation Act was addressed. For those unfamiliar with this particular section of the Act, the retirement presumption stands for the premise that upon retirement from active employment, when receipt of retirement benefits begins, it is presumed a loss of … Continued
Stoliker v. Northern Maine Medical Center
Decided: January 6, 2017 Topic: Res Judicata The first Appellate Division decision of 2017 echoes the cluster of res judicata cases from the end of 2016 with some additional interesting highlights regarding §312 opinions and contrary medical evidence.