Legislature Forecloses Apportionment Against Prior Settled Injuries

September 2009

(view 39-A M.R.S.A. §354, Subsection 3)

The Legislature amended 39-A M.R.S.A. §354, Subsection 3 in response to the Law Court’s holding in Legassie v. Securitas, Inc., 2008 ME 43. The ruling in that case allowed insurers to apportion back against prior lump sum settled injuries and reduce its obligation based on that apportionment. The new rule provides that no reduction may be taken for an injury that was lump sum settled prior to the date of injury for which the insurer is responsible. The rule became effective September 12, 2009, but applies retroactively to all injuries, including pending cases and cases on appeal.