The employer in this case challenged an award of total incapacity based on an alleged 14-day rule violation. The employer filed a Motion for Stay of Enforcement of the Board’s decision, hoping to avoid paying incapacity benefits while the issue was on appeal. This decision addressed only the Motion for Stay.
The Court denied the Motion, citing the “pay pending appeal” provision at 39-A M.R.S.A. §324(1). That provision provides that payments pursuant to an order or decision of the Board may not be suspended while an appeal is pending. The Court went on to note that if it is ultimately found that the employee was not entitled to the compensation paid, Section 324 provides a mechanism for the recovery of payments made pending appeal.
The appeal addressing the underlying 14-day violation issue is currently pending and a decision is expected within the next several months.