Please follow the link to a recent decision by the Kennebec County Superior Court involving an important issue in workers’ compensation. Justice Jabar’s decision invalidates a June 2008 Board Rule which retroactively lowered the permanent impairment threshold under Section 213 to 11.8% as of January 1, 2006. The Court determined that it was error for the Board’s actuary to consider cases with 0% permanent impairment ratings in determining the 2006 threshold. It should be noted that the actuary’s original determination, which did not consider cases with 0% permanent impairment, would have set permanent impairment at 12.5%.
View complete text of Maine State Chamber of Commerce and Workers’ Compensation Coordinating Council v. Workers’ Compensation Board, State of Maine, et al.