January 2006 - Index

Benefits

Offset of disability benefits allowed for insurance plan in existence on
12/31/1992 but renewed after that date, where employer's plan is silent on issue of offsets. Temm v. S.D.Warren Company 2005 ME 118 12/06/2005 LEVY

Burdens of Proof and
Production

Employee who claims that 10-year statute of limitation is tolled by a subsequent medical payment related to the initial injury has burden of proving that employer had contemporaneous notice of this fact when making the payment. Leighton v. S.D. Warren 2005 ME 111 10/20/2005 SAUFLEY

Discrimination

Termination of employee upheld as not discriminatory, where employer had policy that employees report work incidents immediately and employee failed to report it until the next day. Policy found to be facially neutral. Shaver v. Poland Springs Bottling WCB 04-001827 10/01/2005 GOODNOUGH

Family and Medical Leave Act

Claim for retaliatory discharge is not extinguished by fact plaintiff could not return to work at the end of his leave under the Family and Medical Leave Act. Colburn v. Parker Hannafin/Nichols Portland Div._F.3rd__
11/18/2005 LYNCH

Immunity from Suit

Employer does not have unqualified immunity over employees hired through a temporary agency. Case not amenable to summary judgment where factual questions existed regarding whether employer or temporary agency had direction and control of employee. Marcoux v. Parker Hannifin/Nichols Portland 2005 ME 107 09/19/2005 LEVY

Medical Opinions

Only mental health specialists can assess permanent impairment for psychological dysfunction. Johnson v. S.D. Warren/Liberty Mutual Ins. WCB 08/24/2005 12/15/2005-FOF SPRAGUE

Permanent Impairment

Only mental health specialists can assess permanent impairment for psychological dysfunction. Johnson v. S.D. Warren/Liberty Mutual Ins. WCB 08/24/2005 12/15/2005-FOF SPRAGUE

Set-Offs

Offset of disability benefits allowed for insurance plan in existence on 12/31/1992 but renewed after that date, where employer's plan is silent on issue of offsets. Temm v. S.D.Warren Company 2005 ME 118 12/06/2005 LEVY

Statute of Limitations

Employee who claims that 10-year statute of limitation is tolled by a subsequent medical payment related to the initial injury has burden of proving that employer had contemporaneous notice of this fact when making the payment. Leighton v. S.D. Warren 2005 ME 111 10/20/2005 SAUFLEY