Al-Tamini v. R.J. Grondin– Where the ALJ found the employee lacked adequate cause to refuse reasonable medical exam under 39-A M.R.S.A. sec. 207, he forfeited his right to compensation during the period of refusal, but did not decide the outcome of the petition for award, the employee’s appeal should be dismissed as interlocutory. In Al-Tamini (Dec. No. 25-01), the employee suffered a 2001 back injury which resulted in multiple surgeries. The employer voluntarily paid the employee until filing a Sec. 205(9) Discontinuance because the employee had refused to attend a Sec. 207 medical examination. The ALJ held a conference and later determined the employee lacked adequate cause to refuse the reasonable examination. Under Sec. 207, the employee forfeited his right to compensation until he attended the exam. The ALJ’s decision did not state a disposition of the employee’s petition for award.
R.J. Grondin maintained the appeal should be dismissed because the ALJ’s decision was not a final judgment. The Appellate Division found that the appeal did not fall within the exceptions to the final judgment rule, primarily because there was no final disposition of the pending petitions. It remanded the case back to the ALJ to determine whether a continued refusal to attend the exam warrants further sanction, including dismissal.
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