Legal Updates & News
Coro v. Liberty Mutual Insurance Company and Liberty Insurance Corp.
Decided: June 22, 2021 Issues: Findings of Fact, Specific Mandate On October 21, 2011, while working for Liberty Mutual as an in-house workers compensation defense attorney, the employee’s vehicle was rear-ended while driving to a hearing, resulting in injuries to her neck, back, upper extremities, and head. She continued to work for Liberty Mutual making … Continued
Magoon v. Hannaford Bros. Co.
Decided: June 17, 2021 Issue: Arising Out of Employment The Employee was working as a cashier in a Hannaford grocery store on August 6, 2014, at a customer service station. The Employee had dropped a receipt and squatted to pick it up from the floor. When doing so, she felt a pain in her right … Continued
Recent Addition to the Maine Workers’ Compensation Firefighters’ Presumption
Did you know Governor Mills signed LD 213 into law this week? LD 213 added female reproductive cancers to the existing firefighters’ presumption in Maine. The existing firefighters’ presumption states if a firefighter meets requirements involving medical tests, length of service, and signed a written affidavit declaring that, to the best of their knowledge the … Continued
Ramsey v. Shaw’s Supermarkets, Inc., & Sedgwick Claims Management Services
Decided: April 21, 2021 Topic: Notice, Mistake of Fact The issue, in this case, was whether it was appropriate, in the absence of any testimony or other evidence on the issue, for the ALJ to infer that the employee operated under a mistake of fact as to the cause of his bilateral knee condition until … Continued
Gallup v. Keystone Automotive Industries, Inc. & Sedgwick Claims Management Services, Inc.
Decided: March 30, 2021 Topic: Res Judicata This decision involved a determination of whether the res judicata effect of a prior Consent Decree compelled a finding that the employee’s ongoing problems years later still came from the original work injury. The employee worked as a driver for Keystone Automotive Industries. In 2008, he sustained a … Continued
Bosse v. Sargent Corporation & Cross Insurance TPA, Inc.
Decided: March 24, 2021Topic: Preexisting Condition, Significant Contribution, Average Weekly Wage This decision involved several issues, including preexisting conditions and average weekly wage. The employee filed a Petition for Award alleging a gradual work injury arising out of her work for Sargent after experiencing hip and lower back pain. The employee had worked as a … Continued
James v. Tractor Supply Company & Gallagher Bassett Services, Inc.
Decided: March 18, 2021 Topic: 201(4) Preexisting Condition This appellate decision involves an appeal of the ALJ’s (Elwin) decision finding that there was no medical opinion to support that the alleged work injury was a compensable aggravation of the employee’s preexisting condition. Five days before the alleged date of injury, the employee was undergoing physical … Continued
Thomas v. United Ambulance Service v. Maine Employers Mutual Insurance Company
Decided: March 16, 2021 Topic: Gradual Injury, Arising Out of, and Within the Scope of Employment This decision involved a gradual injury that first manifested symptoms while the employee was at home and not working. The employee had worked as a dispatcher for United Ambulance Service for roughly 12 years, taking nearly 250 calls per … Continued
FDCC Membership for Tucker
Richard D. Tucker, a managing partner at Tucker Law Group, earned unanimous approval as a member of the Federation of Defense and Corporate Counsel (FDCC). An international organization founded over 80 years ago. FDCC includes members who achieved professional distinction as leaders in the legal community. Membership in FDCC is limited, selective, and by nomination … Continued
WCB Rule Changes
The Workers’ Compensation Board recently adopted a number of rule changes. These went into effect on September 1, 2018. The full text of the rule changes with strikeouts of deleted language and underlines for the new language can be found here. For a summary of the rule changes, see below: CHAPTER 1 PAYMENT OF BENEFITS … Continued