Legal Updates & News
Reflections from a Trip to Oz
“There’s no place like home, there’s no place like home.” Dorothy
In 2010, after practicing law in the Great State of Maine for 18 years, I had the brilliant notion of ditching my secure little life in Portland, selling everything I owned, with the exception of the few precious items that would fit in my trusty Subaru, quitting my profession, and heading off to live over the rainbow in the Southern California. For all intents and purposes, this was not such a bad idea. What it did, besides keep me warm and snow-free for a full five years, was to give me some much needed perspective. What did I confirm? Two things: 1) Change is almost always good; 2) There’s truly no place like home…especially when home is Maine.
Moving forward: Always a win-win!
“The secret of change is to focus all of your energy, not on fighting the old, but on building the new.” Socrates
While it may be difficult to know if in fact Socrates actually wrote those exact words, the concept they encompass certainly seems reasonable, if not inspired. Why spend so much time worrying about and focusing on the past, when you could, instead, find ways to move forward and make the best of a situation? Trying to change the past is like trying to fix a flat tire by rolling the car backwards to get off that nail…it just doesn’t work! The better solution is to get out the jack, get out the spare, and change the tire! Or find someone to help fix it. In short, focus on finding a solution to the problem at hand, rather than exhausting yourself trying to undo what can’t be undone.
Tucker Law Group Welcomes Carol G. McMannus, Esq.
Our team at Tucker Law Group is pleased to welcome Carol to our firm. Carol, a native of Maine, was born in Bangor, raised in Hampden, and attended the University of Maine at Orono, where she earned a B.A. in Political Science in 1989. A graduate of the University of Maine School of Law in 1992, Carol gained recognition as a Prize Arguer and Co-Chair of the Moot Court Board.
Having practiced for many years in the Greater Portland Area, where her primary focus was workers’ compensation defense, Carol brings a wealth of knowledge and experience to Tucker Law Group. Her extensive hands on experience, both in private practice and while working in-house for a major workers’ compensation carrier, sets Carol apart in the insurance defense field.
Carol is a Member of the Maine State Bar Association, the Penobscot County Bar Association, the Tri-State Defense Lawyers Association, and the Defense Research Institute. She is admitted to the State and Federal Bar in Maine, and the United States Court of Appeals, First Circuit.
We could not be more pleased to add Carol to our team – Welcome Aboard!
Please join us in welcoming Carol!
We know she will be a great asset to our team.
Contact Carol:
800-585-4720 ext. 116
[email protected]
Is Medical Marijuana Compensable in Maine?
A Hearing Officer from the Maine Workers’ Compensation Board issued what is sure to be the first in a long line of decisions relating to the compensability of medical marijuana. In the case of Crandall v. University of Maine System, Hearing Officer Elizabeth Elwin applied DOJ guidelines to determine whether, by paying for medical marijuana, the employer and insurer could be subject to criminal prosecution and ultimately ordered them to pay for Mr. Crandall’s medical marijuana.
Deroche v. Ethan Allen
Date: 7/31/15
Summary: Appellate Division affirms HO Goodnough’s decision finding that under Section 217 an employer cannot be held liable for costs incurred by the employee (in this case college tuition) before the development of an employment rehabilitation plan.
Hebert v. Irving Lumber
Date: 6/30/15
Summary: Panel affirms HO Elwin’s denial of petition for discrimination. Employer’s testimony that employee’s history of three work injuries (including two over a six-month period) constituted 20% of the reason for his termination did not, as the employee claimed, establish discrimination as a matter of law. The panel found that this testimony formed an adequate basis for the hearing officer to conclude that the employee was fired for his cavalier attitude about safety, rather than for filing workers’ compensation claims.
Briggs v. H&K Stevens, Inc.
Date: 6/4/15
Summary: Employer unsuccessful attempting to overturn a finding on notice on a “no rational foundation” argument.
Cote v. Community Partners
Date: 4/17/15
Summary: Panel affirms HO Stovall’s decision in which he found an employer witness to be more credible than the employee.
The importance of documenting employee files: Yet another example
Last week the Maine Workers’ Compensation Board Appellate Division issued a decision that should serve to remind Maine employers of the importance of documenting personnel files whenever accommodating an injured employee in a light duty position.
Peace of Mind and the Employer-Sponsored Athletic Event
Spring is finally here in Maine. After a long and snowy winter, many are ready to spend as much time as possible outdoors. Employers too are welcoming the season. Many are organizing company athletic teams and sporting events, in sports ranging from softball and golf to ultimate frisbee.
Some employers worry that by holding sporting events, they could be exposing themselves to liability under the Workers’ Compensation Act. Fortunately, that is not necessarily the case. The Workers’ Compensation Act specifically excludes voluntary participants in employer-sponsored athletic events from the definition of “employee.” That means that employers can organize voluntary sporting events without excessive worry about risking a costly workers’ compensation claim.
So, from all of us here at Tucker Law Group, play ball!