April 2001

Agreements

Board has no authority to enforce private agreements between the parties. York v. SOM, Dept. of Transportation WCB 72024659 01/22/01 HO ELWIN

Apportionment

The Maine Insurance Guaranty Association statute does not cover "subrogation recoveries," including apportionment in workers' comp cases. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Subrogation is the historical underpinning of apportionment. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Arising Out Of - Specific Cases

Plaintiff's common-law claim of emotional distress caused by employer's termination of employee dismissed as covered by the Workers' Compensation Act, as termination of employment arises out of and in the course of employment. Perry v. Community Health & Counseling Services __F.Supp.__ 03/05/2001 KRAVCHUK

Board Authority

Board has no authority to enforce private agreements between the parties. York v. SOM, Dept. of Transportation WCB 72024659 01/22/01 HO ELWIN

Exclusivity Provisions

Plaintiff's common-law claim of emotional distress caused by employer's termination of employee dismissed as covered by the Workers' Compensation Act, as termination of employment arises out of and in the course of employment. Perry v. Community Health & Counseling Services __F.Supp.__ 03/05/2001 KRAVCHUK

Insurance

The Maine Insurance Guaranty Association statute does not cover "subrogation recoveries," including apportionment in workers' comp cases. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Under the MIGA statute, an employee must first exhaust other insurance sources before looking to MIGA for coverage. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Longshore Act

Longshore Act notice requirements are to be liberally construed, and were met where though employer did not know of deposition of employee, it was allowed to see a transcript and cross-examine the employee afterward. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Res judicata principles do not apply to §922 hearings for modification of award under the Longshore Act. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Insurer liability in occupational disease cases under Longshore Act is assigned as of the date of disability, which is the date the employee becomes aware of the relationship between his work and the disabling condition. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Mental Stress and Injury

Plaintiff's common-law claim of emotional distress caused by employer's termination of employee dismissed as covered by the Workers' Compensation Act, as termination of employment arises out of and in the course of employment. Perry v. Community Health & Counseling Services __F.Supp.__ 03/05/2001 KRAVCHUK

Notice

Longshore Act notice requirements are to be liberally construed, and were met where though employer did not know of deposition of employee, it was allowed to see a transcript and cross-examine the employee afterward. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Notice of Controversy

Notice of controversy completed within 14 days of notice is injury is untimely where it does not reach Board within the 14-day period. Dieckmann v. Wal-Mart Stores, Inc. WCB 99006607 01/30/2001 HO SPRAGUE

Employer's obligation to pay benefits for failure to file a timely NOC ceases once the employee stops pursuing her claim. Dieckmann v. Wal-Mart Stores, Inc. WCB 99006607 01/30/2001 HO SPRAGUE

Occupational Disease Law

Insurer liability in occupational disease cases under Longshore Act is assigned as of the date of disability, which is the date the employee becomes aware of the relationship between his work and the disabling condition. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Res Judicata

Res judicata principles do not apply to §922 hearings for modification of award under the Longshore Act. Bath Iron Works v. Director, OWCP __F.3d__ 04/05/2001 COFFIN

Statutory Construction

In a multi-injury case the law in effect at the date of the last injury governs. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Subrogation

The Maine Insurance Guaranty Association statute does not cover "subrogation recoveries," including apportionment in workers' comp cases. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Subrogation is the historical underpinning of apportionment. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD

Subrogation is not limited to benefits already accrued by an employee but includes future benefits as well. Maine Insurance Guaranty Assoc. v. Folsom 2001 ME 63 04/23/2001 CLIFFORD