Right to Compensation Forfeited During Period of Refusal of Medical Exam
Susan Fritts2025-01-15T18:24:18+00:00Al-Tamini v. R.J. Grondin- Where the ALJ found the employee lacked adequate cause to refuse reasonable medical exam under 39-A [...]
Issue Not Raised at Hearing Not Preserved for Appeal
Susan Fritts2025-01-15T18:15:51+00:00Sherry Haley v. RSU 78 – Where the employer failed to raise the issue at hearing level of whether contrary [...]
Competing Medical Expert Opinions
Susan Fritts2025-01-15T18:04:59+00:00Anthony Davis v. Mayo Regional Hosp.- Where there was competent medical evidence in the record that work related Covid-19 was [...]
Interpretation of Prior Decrees
Susan Fritts2024-12-11T15:42:20+00:00Kurt Feiereisen v. Boise Cascade- Where a 2009 decree payment order on a 1987 injury was ambiguous and the Appellate [...]
Choosing between Two Competing Medical Expert Opinions
Susan Fritts2024-12-11T15:34:47+00:00Kenneth Hughes v. First Fleet, Inc.- Where the ALJ has discretion to choose between two competing medical expert opinions on [...]
Administrative Notice Not Mandatory
Susan Fritts2024-12-11T15:27:49+00:00Susan Hussey v. Maine Turnpike Authority- The Appellate Division affirms the ALJ denial of Ms. Hussey’s petition for award on [...]
Contrary Medical Evidence Rejects Conclusions of 312 IME
Susan Fritts2024-09-12T18:44:12+00:00Sandra Harvey v. Affiliated Laboratories, Inc.- The Appellate Division affirms the ALJ’s decision rejecting the conclusions of the sec. 312 [...]
Application of Sec. 201(4) When Determining the AWW When Deciding a Decision on Remand
Susan Fritts2024-08-12T17:55:15+00:00Bosse v. Sargent Corporation – The Appellate Division affirmed the ALJ’s application of sec. 201(4) when determining the aww when [...]
ALJ Did Not Err in Finding Employee Failed to Meet Burden of Proof
Susan Fritts2024-08-12T17:48:49+00:00Eileen McLaughlin v. Community Living Assoc.- Where there was competent evidence to support the ALJ’s conclusion that the psychological sequela [...]
Application of Retirement Presumption Ceases When Employee No Longer Receives Non-disability Retirement
Susan Fritts2024-07-02T14:59:30+00:00Rita Ouellette v. Northern Light EMMC- With a dissenting opinion by ALJ Knopf, the Appellate Division upholds the ALJ's determination [...]