Explanatory Notes to 2000 Index

Publisher's Note

Welcome to COMP's 14th annual Index issue. Now in its 16th year, COMP is written, compiled and edited by the law firm of Robinson, Kriger & McCallum, Portland, Maine, for the benefit of its clients and subscribers throughout the workers' compensation community in Maine. The COMP editorial staff consists of: John M. McCallum, Esq., Editor; Thomas Kelly, Esq. and Larry Goodglass, Esq., Associate Editors; Jill Cournoyer, Writer/Indexer; and Audrey Hawxwell, Production Coordinator.

If you would like to subscribe to COMP or learn more about the workers' compensation and general legal services provided by Robinson, Kriger & McCallum, please call us at (207) 772-6565, or visit our website at: http://www.rkmlegal.com/.

Editorial Notes

This year's index covers all Maine workers' compensation cases from November 1999 through October 2000. This includes cases from the federal and state courts, as well as full Workers' Compensation Board decisions.

How To Use This Index

To look up the law on a particular topic, refer to the "Index to Topics" (p. 6) for a listing of all subject-matter

headings and cross-references. Cases in the index are grouped in the following order: federal courts, Maine Supreme Judicial Court, Superior Court, and Workers' Compensation Board. Entries are arranged in reverse chronological order. Each entry contains a brief statement of the case holding, plus the date, citation, and opinion author.

Table of Major Cases

The "Table of Major Cases" (p. ii) is an alphabetical listing of significant and familiar Law Court compensation cases, with a brief synopsis of the subject matter in parentheses after each case.

Additional Copies

To order additional copies, please write to: Production Coordinator, COMP, PO Box 4793, Portland, ME 04112. Enclose $5 for each copy ordered.

Copyright

COMP and this Index are copyrighted, 2000, by the Publisher; all rights reserved. Reproduction or electronic data storage of any kind are prohibited without express written permission.

COMPTM The Maine Workers' Compensation Journal is written by attorneys at Robinson, Kriger & McCallum for the benefit of its clients and subscribers throughout the workers' compensation community in Maine.

PUBLISHER Robinson, Kriger & McCallum, P.A.

EDITOR John M. McCallum, Esq.

ASSOCIATE EDITORS Lawrence Goodglass, Esq.

Thomas Kelly, Esq.

WRITER/INDEXER Jill Cournoyer

PRODUCTION COORDINATOR Audrey Hawxwell

COMPTM The Maine Workers' Compensation Journal (ISSN#1041-8180) is published six times annually. Subscriptions: $175 per year; $28 per add-on subscription mailed to the same name and address. Business and editorial correspondence should be addressed to: COMP, Box 4793, Portland, ME 04112. Telephone: (207) 772-6565. Fax (207) 773-5001. Copyright 2000 by Robinson, Kriger & McCallum, P.A. No part of this publication may be reproduced in whole or in part without the Publisher's written consent. While every effort has been made to be accurate, readers should not substitute COMP for the advice of an attorney in specific cases.

Table of Major Cases

Abbott v. MSAD #53, 2000 ME 201 (employee receiving partial benefits is eligible for extension beyond 260 weeks only if his 260 weeks has not expired at the time of the regulatory extension)

Adams v. Mt. Blue Health Center, 735 A.2d 478, 1999 (work search burden for employees with injuries between 1987 and 1991)

Arnold v. H.O. Bouchard, AD 83-89, 10/07/83 (Inflation factor applies to varying rates partial)

Bealieu v. Maine Med. Ctr., 675 A.2d 110, 1996 (Retroactivity of Section 102(4)(H) on fringe benefits)

Bowen v. Maplewood Packing Co., 366 A.2d 1116, 1976 (Work search burdens)

Bowie v. Delta Airlines, 661 A.2d 1128, 1995 (Section 223 retirement presumption)

Brackett v. A.C. Lawrence Leather Co., 444 A.2d 329, 1982 (Causation standard for pre-existing injuries)

Brawn v. Gloria's Country Inn, 698 A.2d 1067, 1997 (Van for wheelchair reimbursable as mechanical aid)

Bureau v. Staffing Network, 678 A.2d 583, 1996 (Work search required of partially disabled employee seeking total benefits)

Churchill v. Central Aroostook Assoc. for Retarded, 742 A.2d 475, 1999 (Combining effect of injury and preexisting condition under Title 39-A)

Clark v. International Paper Co., 638 A.2d 65, 1994 (Permanent impairment benefits are to be governed by law in effect as of date of injury; Title 39-A does not apply restrospectively to PI petitions for injuries prior to 1/1/93)

Clark v. Rust Engineering, 595 A.2d 416, 1991 (Ashby decision applies retroactively and only to benefits paid per unit of time worked)

Comeau v. Maine Coastal Services, 449 A.2d 362, 1982 (Factors determining whether injury arose out of and in the course of employment)

DeRice v. S.D. Warren, 694 A.2d 450, 1997 (Attorney's fees for employees)

Dissell v. TransWorld Airlines, 511 A.2d 441, 1986 (Commission has subject-matter jurisdiction over Maine residents injured out of state)

Dunphe v. O'Connor, 697 A.2d 421, 1997 (Board decisions amendable only for clerical error)

Fecteau v. Rich Vale Construction, 349 A.2d 169, 1975 (Presume post-injury earnings reflect earning capacity)

Frank v. Manpower Temp. Serv., 687 A.2d 623, 1996 (Full-time temporary job not seasonal)

Hincks v. Robert Mitchell Co., 740 A.2d 992, 1999 (Union-paid fringe benefits are not part of base average weekly wage but are considered fringe benefits)

Ibbitson v. Sheridan Corp., 422 A.2d 1005, 1980 (Work search burdens)

Johnson v. S.D. Warren, 349 A.2d 162, 1975 (Successive injuries and calculation of average weekly wage)

Lagasse v. Hannaford Bros. Co., 497 A.2d 1112, 1985 (Adopts Arnold on varying rates calculation)

LeBlanc v. United Engineers & Constructors, Inc., 584 A.2d 675, 1991 (Successive comp claims in different states not barred by full faith and credit clause of Constitution)

Lister v. Roland's Service, Inc., 690 A.2d 491, 1997 (Payments by insurer on new injury toll statute of limitations on subsequent insurer)

Manzo v. Great Northern Paper Co., 615 A.2d 605, 1992 (Protective decrees cannot be awarded for non-incapacitating occupational diseases)

Morse v. Laverdiere's Drug Store, 645 A.2d 613, 1994 (Benefits denied for unexplained falls at work; Court rejects positional risk analysis for unexplained injuries)

Mushero v. Lincoln Pulp & Paper Co., 653 A.2d 504, 1996 (Non-work-related injury subsequent to work injury on or after 10/17/91 compensable only if the two injuries are causally related)

O'Neal v. City of Augusta, 706 A.2d 1042, 1998 (Inclusion of fringe benefits depends on weekly compensation level)

Stickles v. United Parcel Service, 554 A.2d 1176, 1989 (Level of benefits when no timely notice of controversy)

St. Pierre v. St. Regis Paper Co., 386 A.2d 714, 1978 (Methods A, B, and C for calculating average weekly wage in Section 2(2), Title 39 must be applied in order)

Tompkins v. Wade & Searway Construction Co., 612 A.2d 874, 1992 (Retroactive application of 39 MRSA Section 2(2)(G)(overruling Ashby v. Rust Engineering) is not unconstitutional

Townsend v. Maine Bureau of Public Safety, 404 A.2d 1014, 1979 (Standard of proof in gradual mental injury cases)

Warren v. H.T. Winters Co., 537 A.2d 583, 1988 (Successive injuries and calculation of average weekly wage)

Williams v. E.J. Boulos, 747 A.2d 181, 2000 (400-week minimum limit under 39 MRSA 55-B is exhausted only by payment of partial benefits each week, not by lapse of 400 calendar weeks)