August 2001

Agreements

Where apportionment had been settled by a mediation agreement, it is res judicata on the issue, and thus the Court vacated a subsequent arbitrator's decision on the issue. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD

Mediation agreements are binding as to the issues decided, unless the parties indicate that the agreement is only temporary, reserve an issue, or decide an issue without prejudice. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD

Apportionment

Section 201(5) on apportionment requires disregarding subsequent, unrelated, nonwork injuries , rather than apportioning among work and nonwork injuries. Pratt v. Fraser Paper, Ltd. 2001 ME 102 07/06/2001 ALEXANDER

Where apportionment had been settled by a mediation agreement, it is res judicata on the issue, and thus the Court vacated a subsequent arbitrator's decision on the issue. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD

Arising Out of and In the Course of - Public Streets

Where the employee used the employer's truck on a trip with both business and personal errands, under the dual purpose doctrine his injuries while traveling were compensable even though they occurred after he had completed the business portion of the trip. Cox v. Coastal Products Company, Inc. 2001 ME 100 07/02/2001 CLIFFORD

Average Weekly Wage

Court rules that §102(4)(D), rather than (B), is appropriate method for calculating average weekly wage where the employee has been working part-time for voluntary, not injury-related, reasons. Alexander v. Portland Natural Gas 2001 ME 129 08/27/2000 RUDMAN

Award of "total compensation" also vacated as based on erroneous AWW calculation and because hearing officer failed to specify whether benefits were being awarded pursuant to §212 or §213, which have different durational limits. Alexander v. Portland Natural Gas 2001 ME 129 08/27/2000 RUDMAN

Board Authority

The conflict of interest rule, which permits hearing officers to disqualify examiners, is not inconsistent with §312, which gives the Board authority to appoint examiners, as the Board may delegate its disqualification authority. Laskey v. S.D. Warren Co. 2001 ME 103 07/11/2001 ALEXANDER

Discrimination

Age discrimination claim dismissed where employee could no longer perform the essential functions of his job. Wilcock v. National Distributors, Inc. __F.Supp.__ 08/02/2001 COHEN

Court held complaints of discrimination against foreign-born workers - including humiliating and demeaning behavior by a supervisor - sufficient to withstand motion for summary judgment. Ho v. Barber Foods __F.Supp.__ 05/18/2001 COHEN

Where discrimination suit is against employer, it is immaterial for statute of limitations purposes if conduct of one supervisor falls outside the limitations period. Ho v. Barber Foods __F.Supp.__ 05/18/2001 COHEN

Dual Purpose Doctrine

Where the employee used the employer's truck on a trip with both business and personal errands, under the dual purpose doctrine his injuries while traveling were compensable even though they occurred after he had completed the business portion of the trip. Cox v. Coastal Products Company, Inc. 2001 ME 100 07/02/2001 CLIFFORD

Earning Capacity

Post-injury earnings may accurately reflect earning capacity, even though the post-injury employer made accommodations for the employee's injury. Alexander v. Portland Natural Gas 2001 ME 129 08/27/2000 WATHEN

Family and Medical Leave Act

Employer could discharge employee who did not return from medical leave until two weeks after his leave expired and who could no longer perform the essential functions of his job. Wilcock v. National Distributors, Inc. __F.Supp.__ 08/02/2001 COHEN

Hearing Officers

The conflict of interest rule, which permits hearing officers to disqualify examiners, is not inconsistent with §312, which gives the Board authority to appoint examiners, as the Board may delegate its disqualification authority. Laskey v. S.D. Warren Co. 2001 ME 103 07/11/2001 ALEXANDER

Incapacity, Extent Of - Specific Cases

Award of "total compensation" also vacated as based on erroneous AWW calculation and because hearing officer failed to specify whether benefits were being awarded pursuant to §212 or §213, which have different durational limits. Alexander v. Portland Natural Gas 2001 ME 129 08/27/2000 RUDMAN

Where employee is incapacitated by combination of work injury and subsequent nonwork injury unrelated to the compensable injury, only the effects of the work injury may be considered in determining whether the employee is entitled to benefits for total incapacity or partial compensation. Pratt v. Fraser Paper, Ltd. 2001 ME 102 07/06/2001 ALEXANDER

Independent Medical Exams

The conflict of interest rule, which permits hearing officers to disqualify examiners, is not inconsistent with §312, which gives the Board authority to appoint examiners, as the Board may delegate its disqualification authority. Laskey v. S.D. Warren Co. 2001 ME 103 07/11/2001 ALEXANDER

Conflicts of interest of independent medical examiners may be found based on industry-wide, general contacts and not just a specific relationship between the examiner and one of the parties in the case. Laskey v. S.D. Warren Co. 2001 ME 103 07/11/2001 ALEXANDER

Insurance

Neither the workers' compensation carrier nor its agent, a case management provider, are legally obligated to obtain an employee's authorization before accessing the employee's medical records for a work-related injury or disease. Velishka v. Concentra Managed Care, Inc. York Sup.00149 04/06/2001 BRENNAN

Mediation

Where apportionment had been settled by a mediation agreement, it is res judicata on the issue, and thus the Court vacated a subsequent arbitrator's decision on the issue. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD

Mediation agreements are binding as to the issues decided, unless the parties indicate that the agreement is only temporary, reserve an issue, or decide an issue without prejudice. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD

Medical Records

Neither the workers' compensation carrier nor its agent, a case management provider, are legally obligated to obtain an employee's authorization before accessing the employee's medical records for a work-related injury or disease. Velishka v. Concentra Managed Care, Inc. York Sup.00149 04/06/2001 BRENNAN

Pre-existing Condition/Combined Effects

Where employee is incapacitated by combination of work injury and subsequent nonwork injury unrelated to the compensable injury, only the effects of the work injury may be considered in determining whether the employee is entitled to benefits for total incapacity or partial compensation. Pratt v. Fraser Paper, Ltd. 2001 ME 102 07/06/2001 ALEXANDER

Section 201(5) on apportionment requires disregarding subsequent, unrelated, nonwork injuries , rather than apportioning among work and nonwork injuries. Pratt v. Fraser Paper, Ltd. 2001 ME 102 07/06/2001 ALEXANDER

Res Judicata

Where apportionment had been settled by a mediation agreement, it is res judicata on the issue, and thus the Court vacated a subsequent arbitrator's decision on the issue. Commercial Union Insurance Co. v. Maine Employers' Mutual Insurance Co. Ken.Sup.AP0039 06/28/2001 ATWOOD