March 2005 - Index

Arbitration

Finding of discrimination vacated where hearing officer excluded arbitration decision as evidence and failed to make a finding on whether the employee's termination was substantially or significantly motivated by his filing of a compensation claim. Maietta v. Town of Scarborough 2004 ME 97 07/27/2004 ALEXANDER

Arising Out Of - Specific Cases

Causation found and benefits awarded where coworkers harassed employee about an underlying neurologic disorder, increasing his stress and symptoms. Bath Iron Works Corp. __F.3d__ 08/30/2004 RUDMAN

Maritime facility several miles away from main shipyard and not on navigable waterway does not meet the definition of an "adjoining area" in Longshore Act; therefore, injury at that site is not covered by the Act. Cunningham v. OWCP __F.3d__ 08/03/2004 COFFIN

Discrimination

Finding of discrimination vacated where hearing officer excluded arbitration decision as evidence and failed to make a finding on whether the employee's termination was substantially or significantly motivated by his filing of a compensation claim. Maietta v. Town of Scarborough 2004 ME 97 07/27/2004 ALEXANDER

Findings of Fact and Conclusions of Law

Further findings of fact are not automatically waived if an appellant fails to request them on appeal. Maine Employers' Mutual Ins. Co. v. D'Andrea-Tripp Kenn.Sup. AP-03-29 03/25/2004 MARDEN

Fraud

Where hearing officer failed to make specific findings regarding fraud or intentional misrepresentation, he failed to articulate a basis for a penalty assessment. Maine Employers' Mutual Ins. Co. v. D'Andrea-Tripp Kenn.Sup. AP-03-29 03/25/2004 MARDEN

Hearing officer abused his discretion in not ordering repayment of benefits, or explaining failure to do so, where officer found intentional misrepresentation and assessed the maximum penalty. Maine Employers' Mutual Ins. Co. v. D'Andrea-Tripp Kenn.Sup. AP-03-29 03/25/2004 MARDEN

Incapacity, Extent Of - Specific Cases

Where work aggravated employee's preexisting, nonwork-related latex allergy for only two days before she returned to her baseline status, duration of disability was two days, and hearing officer erred in awarding ongoing benefits. Sanders v. Seaside Nursing Home 2004 ME 135, 11/03/2004 RUDMAN

Insurance

Court upholds Superintendent of Insurance's finding of violations and assessment of penalties against insurer on numerous grounds. Combined Management, Inc. v. Maine Employers' Mutual Ins. Co. Ken.Sup. AP-03-40/44 06/25/2004 STUDSTRUP

Mental Stress and Injury

Causation found and benefits awarded where coworkers harassed employee about an underlying neurologic disorder, increasing his stress and symptoms. Bath Iron Works Corp. __F.3d__ 08/30/2004 RUDMAN

Penalties

Where leasing company obtained 90 comp policies for 90 clients, insurer found guilty of policy violations not required to be assessed 90 separate penalties. Combined Management, Inc. v. Maine Employers' Mutual Ins. Co. Ken.Sup. AP-03-40/44 06/25/2004 STUDSTRUP

Where hearing officer failed to make specific findings regarding fraud or intentional misrepresentation, he failed to articulate a basis for a penalty assessment. Maine Employers' Mutual Ins. Co. v. D'Andrea-Tripp Kenn.Sup. AP-03-29 03/25/2004 MARDEN

Hearing officer abused his discretion in not ordering repayment of benefits, or explaining failure to do so, where officer found intentional misrepresentation and assessed the maximum penalty. Maine Employers' Mutual Ins. Co. v. D'Andrea-Tripp Kenn.Sup. AP-03-29 03/25/2004 MARDEN