Estate of Christopher Elliott v. CPM Constructors (Decision 25-19)– Where the ALJ held that sec. 327 death presumption applied to legal causation but not medical causation, and ALJ adopted opinions of sec. 312 Independent Medical Examiner and sec. 207 Employer examiner that cause of death was non-work-related heart attack and not an embolism from the work injury as stated by State of Maine Deputy Medical Examiner, the ALJ’s error of law failing to apply the sec. 327 death presumption to medical causation was harmless error. Sec. 327 application of the presumption to arising out and in the course of employment requires an ALJ to presume employee’s dependent established both medical and legal causation, placing the burden of persuasion on the employer.
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