March 2004 - Index

Board Authority

Hearing officer whose appointment Board terminated as of December 31st had de facto authority to decide in January case pending as of the date of her termination where Board expressly approved her participation. D'Amato v. S.D. Warren Company 2003 ME 116 09/19/2003 LEVY

Discrimination

In vacating discrimination ruling, Court stated that employers are not required to indefinitely retain injured employees who cannot meet their job requirements. Jandreau v. Shaw's Supermarkets 2003 ME 134 11/25/2003 LEVY

Earning Capacity

An unsuccessful work search, by itself, does not rebut the presumption that a retired employee has no loss of earning capacity. To prove entitlement to benefits, retirees must show an inability to work, not just unavailability of work. Costales v. S.D. Warren 2003 ME 115 09/19/2003 (rev. 10/15/2003) SAUFLEY

Hearings

Hearing officer whose appointment terminated as of December 31st did not have de facto authority to decide in following June case pending at his termination where Board did not grant him such authority. Little v. Knowlton Machine Company 2004 ME 3 01/06/2004 CALKINS

Hearing officer whose appointment Board terminated as of December 31st had de facto authority to decide in January case pending as of the date of her termination where Board expressly approved her participation. D'Amato v. S.D. Warren Company 2003 ME 116 09/19/2003 LEVY

Hearing Officers

Hearing officer whose appointment terminated as of December 31st did not have de facto authority to decide in following June case pending at his termination where Board did not grant him such authority. Little v. Knowlton Machine Company 2004 ME 3 01/06/2004 CALKINS

Hearing officer whose appointment Board terminated as of December 31st had de facto authority to decide in January case pending as of the date of her termination where Board expressly approved her participation. D'Amato v. S.D. Warren Company 2003 ME 116 09/19/2003 LEVY

Inflation Adjustment

Section 224, on calculation of inflation adjustment, may be applied to cases pending on its effective date. Morrissette v. Kimberly- Clark Corporation 2003 ME 138 12/04/2003 CLIFFORD

Reinstatement

Section 218 on reinstatement does not automatically apply; employee must petition for it. Jandreau v. Shaw's Supermarkets 2003 ME 134 11/25/2003 LEVY

Res Judicata

Application of new benefits calculation barred by res judicata where employee failed to show change of circumstances as required on petition for review. Grubb v. S.D. Warren Company 2003 ME 139 12/04/2003 RUDMAN

Retirement

An unsuccessful work search, by itself, does not rebut the presumption that a retired employee has no loss of earning capacity. To prove entitlement to benefits, retirees must show an inability to work, not just unavailability of work. Costales v. S.D. Warren 2003 ME 115 09/19/2003 (rev. 10/15/2003) SAUFLEY

Review

Application of new benefits calculation barred by res judicata where employee failed to show change of circumstances as required on petition for review. Grubb v. S.D. Warren Company 2003 ME 139 12/04/2003 RUDMAN

Set-Offs

Hearing officer erred in offsetting employee's pension benefits from her comp benefits where officer failed to establish that the employee was receiving both benefits from the same employer. Johnson v. Southern Container Corp. 2003 ME 141 12/08/2003 SAUFLEY

Work Search - Specific Cases

An unsuccessful work search, by itself, does not rebut the presumption that a retired employee has no loss of earning capacity. To prove entitlement to benefits, retirees must show an inability to work, not just unavailability of work. Costales v. S.D. Warren 2003 ME 115, 09/19/2003 (rev. 10/15/2003) SAUFLEY