Average Weekly Wage
Section 224, the inflation factor effective 9/1/2001, is to be applied to proceedings pending on its effective date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Date of Injury
Section 201(5) on combined effects injuries applies to all injuries regardless of their date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Discrimination
Employee's pregnancy discrimination claims against employer partly dismissed and partly upheld based on evidence of disparate treatment. Green v. New Balance Athletic Shoe, Inc. __F.Supp.__ 01/29/2002 SINGAL
Evidence
An independent medical examiner's findings are to be upheld unless the hearing officer could reasonably be persuaded by contrary medical evidence that it was highly probable that the record did not support the examiner's findings. Dubois v. Madison Paper Co. et al. 2002 ME 1 01/04/2002 CALKINS
Exclusivity Provisions
Plaintiff's defamation claim against employer precluded by exclusivity provisions of Act to extent it sought damages for emotional distress. Claim for economic damages allowed to proceed as not covered by the Act. Lavin v. Trezza __F.Supp.__ 01/15/2002 KRAVCHUK
Incapacity Level, Extent Of - General Rules
Even though permanent impairment benefits no longer exist under Title 39-A, PI may still be used as a rough gauge of the employee's level of incapacity. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Family and Medical
Leave Act
Employers may fill the positions of employees on family and medical leave as long as they reinstate the employee to an equivalent position in terms of pay and benefits. Under the Family and Medical Leave Act, the employer may mandate the employee to work reduced hours as the FMLA does not include a reasonable accommodation provision. Green v. New Balance Athletic Shoe, Inc. __F.Supp.__ 01/29/2002 SINGAL
Independent Medical Examinations
An independent medical examiner's findings are to be upheld unless the hearing officer could reasonably be persuaded by contrary medical evidence that it was highly probable that the record did not support the examiner's findings. Dubois v. Madison Paper Co. et al. 2002 ME 1 01/04/2002 CALKINS
Inflation Factor
Section 224, the inflation factor effective
9/1/2001, is to be applied to proceedings pending on its effective date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Permanent Impairment
In determining if employees have met the 11.8% permanent impairment threshold for longer-term benefits, hearing officers may consider the cumulative effect of multiple injuries to the body as a whole. The injuries do not have to be causally related or to the same body part, as long as they combine under §201(4). Kotch v. American Protective Services, Inc. et al. 2002 ME 19 02/06/2002 CALKINS
Even though permanent impairment benefits no longer exist under Title 39-A, PI may still be used as a rough gauge of the employee's level of incapacity. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Preexisting Condition/Combined Effects
In determining if employees have met the 11.8% permanent impairment threshold for longer-term benefits, hearing officers may consider the cumulative effect of multiple injuries to the body as a whole. The injuries do not have to be causally related or to the same body part, as long as they combine under §201(4). Kotch v. American Protective Services, Inc. et al. 2002 ME 19 02/06/2002 CALKINS
Section 201(5) on combined effects injuries applies to all injuries regardless of their date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Statutory Construction
Section 201(5) on combined effects injuries applies to all injuries regardless of their date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Section 224, the inflation factor effective
9/1/2001, is to be applied to proceedings pending on its effective date. Bernier v. Data General Corporation 2002 ME 2 01/04/2002 CALKINS
Whistleblowers'
Protection Act
Plaintiff's claim of retaliation under WPA dismissed for lack of sufficient evidence. Green v. New Balance Athletic Shoe, Inc. __F.Supp.__ 01/29/2002 SINGAL
