January 2007 - Index

Apportionment

In apportionment case, Maine Insurance Guaranty Association is not required to pay inflation benefits on insolvent insurer's portion of award. Juliano v. Ameri-Cana Transport 2007 ME 01/11/2007 LEVY

Arising Out Of - Specific Cases

Slip and fall injury occurring on outside, common staircase arose out of and in the course of employment. Fournier v. Aetna, Inc. 2006 ME 71, 06/16/2006 DANA

Arising Out Of - Tort Law

Summary judgment denied employer contesting vicarious liability for tort injuries to third party by employee driving home from volunteering, for cash and a T-shirt, at employer function.Spencer v. V.I.P., Inc. 2006 ME 120 12/05/2006 DANA

Burdens of Proof and Production

Hearing officer's decision vacated where he erroneously applied burden of persuasion rather than production to employee seeking to stack permanent impairment benefits to avoid durational cap. Bisco v. S.D. Warren Company 2006 ME 117 10/17/2006 SILVER

Family and Medical Leave Act

Claim of interference with rights under federal Family and Medical Leave Act because employer failed to notify employee of right to take intermittent leave allowed to proceed to trial, but claim under Maine FMLA dismissed because Maine law does not address intermittent leave. Brown v. EMMC __F.Supp.__ 07/18/06 KRAVCHUK

Immunity From Suit

Temporary help agency's immunity from suit is not affected by length of temporary employee's assignment or fact the employee is not explicitly told he is a temporary employee. Penn v. FMC Corporation 2006 ME 87 07/19/2006 LEVY

Incapacity, Extent Of - Specific Rules

Employee receiving total benefits who loses job post injury for insubordination does not lose benefits, as fault provision applies only to partial benefits. Flickinger v. Oakhurst Dairy 2006 ME 69 06/15/2006 ALEXANDER

Liens

Federal Medicaid law does not authorize Arkansas to assert a lien on a Medicaid recipient's third-party settlement in an amount exceeding medical costs, pursuant to the federal anti-lien provision. Arkansas DHS v. Ahlborn __U.S.__ 05/01/2006 STEVENS

Notice

Company policy that employees must report injuries immediately or face termination held to be violative of the Act, which allows employees 90 days in which to report an injury. Shaver v. Poland Spring Bottling Corp. WCB-320-06-01 07/31/2006 BOARD

Notice of Controversy

Notice to an employer of a work injury is not necessarily equivalent to notice of a claim for benefits and thus does not trigger the 14-day rule. Pearson v. Freeport School Dept. 2006 ME 78 04/12/2006 LEVY

Fact employer admitted to 14-day rule violation in memorandum of payment while simultaneously filing a second notice of controversy, where no violation had in fact occurred, did not negate employer's right to contest employee's claim. Pearson v. Freeport School Dept. 2006 ME 78 04/12/2006 LEVY

Permanent Impairment

Hearing officer's decision vacated where he erroneously applied burden of persuasion rather than production to employee seeking to stack permanent impairment benefits to avoid durational cap. Bisco v. S.D. Warren Company 2006 ME 117 10/17/2006 SILVER

Suspension of Benefits

Employee receiving total benefits who loses job post injury for insubordination does not lose benefits, as fault provision applies only to partial benefits. Flickinger v. Oakhurst Dairy 2006 ME 69 06/15/2006 ALEXANDER

Temporary Help Service

Temporary help agency's immunity from suit is not affected by length of temporary employee's assignment or fact the employee is not explicitly told he is a temporary employee. Penn v. FMC Corporation 2006 ME 87 07/19/2006 LEVY