December 2001 - Index

Americans With Disabilities Act

An employee may maintain a cause of action under the Americans With Disabilities Act to require reasonable accommodation even in cases of perceived disability alone. Jewell v. Reid's Confectionary Company __F.Supp.___ 11/21/2001 SINGAL

Employer did not have to provide reasonable accommodation of allowing the employee to work at home where the employee could not perform all the essential functions of his job at home. Kvorjak v. State of Maine Department of Labor __F.3d__ 08/09/2001 COFFIN

Employer's categorical denial of employee's reasonable accommodation request, without engaging in interactive process, does not automatically constitute failure to provide such accommodation. Kvorjak v. State of Maine Department of Labor __F.3d__
08/09/2001 COFFIN

Benefits (Fringe)

The fact that the employee's pension benefits would be reduced if he earned more than $100 per week did not render him unavailable for work in regards to determining his level of incapacity. Hogan v. Great Northern Paper, Inc. 2001 ME 162
11/28/2001 ALEXANDER

Maximum benefit level is a floating cap, and increase is to be applied even though benefits are already being received. Dudley v. Burns & Roe Construction Group 2001 ME 161
11/07/2001 SAUFLEY

Clerical Error

Hearing officer's statement that employee was "totally incapacitated" in award of "100% partial" benefits did not constitute a clerical error and thus could not be vacated as such. Chmielewski v. J.C Management 2001 ME 160 11/28/2001 DANA

Family and Medical Leave Act

Upon return from a family or medical leave, reinstatement is not required if the employee cannot perform the essential functions of his former job. Reid's Confectionary Company __F.Supp.___ 11/21/2001 SINGAL

Incapacity, Extent Of - Specific Cases

The fact that the employee's pension benefits would be reduced if he earned more than $100 per week did not render him unavailable for work in regards to determining his level of incapacity. Hogan v. Great Northern Paper, Inc. 2001 ME 162
11/28/2001 ALEXANDER

Court will not categorically refuse to consider impact of collateral financial consequences on employee's availability for work, but would do so only in "extreme" cases. Hogan v. Great Northern Paper, Inc. 2001 ME 162
11/28/2001 ALEXANDER

Hearing officer's statement that employee was "totally incapacitated" in award of "100% partial" benefits did not constitute a clerical error and thus could not be vacated as such. Chmielewski v. J.C Management 2001 ME 160 11/28/2001 DANA

Payment Without Prejudice

Section 214(1)(A), refusal of bona fide job offer, is applicable where employer is paying without prejudice. Roe v. Yarmouth Lumber, Inc. 2001 ME 159 11/20/2001 CLIFFORD

Refusal of Job Offer

Court will not categorically refuse to consider impact of collateral financial consequences on employee's availability for work, but would do so only in "extreme" cases. Hogan v. Great Northern Paper, Inc. 2001 ME 162
11/28/2001 ALEXANDER

Section 214(1)(A), refusal of bona fide job offer, is applicable where employer is paying without prejudice. Roe v. Yarmouth Lumber, Inc. 2001 ME 159 11/20/2001 CLIFFORD