Dates Important in Determining Earning Capacity
Susan Fritts2025-12-05T13:25:12+00:00Soucy v. County of Penobscot (Decision 25-18)- Where Board inadvertently delayed mailing a September 18 2023 decree on the employee’s [...]
Determining AWW for Employee Subject to Periodic Layoff
Susan Fritts2025-10-30T12:19:26+00:00Wayne Ireland v. Eurovia Atlantic Coast, LLC (Decision 25-17) – Appellate Division affirms ALJ’s decision applying sec. 102(4)(D) to determine [...]
Estate Bears Burden of Proof on Employer’s Proportionate Share of Costs of Collecting a Third-Party Settlement
Susan Fritts2025-10-27T13:30:09+00:00Estate of Boyle v. Lappin Brothers, Inc. (Boyle IV) (Decision No. 25-16) - Where under 39-A M.R.S.A. sec. 107 the [...]
ALJ did not err in rejecting the 312 IME opinion
Susan Fritts2025-10-23T13:28:09+00:00Wilson v Stillwater Health Care, Inc. (Decision No. 25-15) - Where employee’s credibility was unreliable and the board 312 IME’s [...]
Section 107 Does Not Require a Board Order Before Unilateral Reduction
Susan Fritts2025-10-22T18:13:58+00:00Marrone v. H. Lake & Co., LLC (Decision #25-14) - Where following the employee's third-party settlement recovery the dollar amount [...]
ALJ Not Required to Accept Contrary Opinion by Treating Provider
Susan Fritts2025-09-24T13:13:25+00:00Humes v. Walmart Assoc. Inc. (Decision No. 25-13) - Where there was competent evidence in the record to support the [...]
Separate Petitions for Separate Dates of Injury are Not Required
Susan Fritts2025-09-15T14:59:16+00:00Robert Caito v. Chep Services, LLC (Dec. 25-12)- Where the employee petitioned for one injury date and the ALJ instead [...]
Was Evidence of Witnesses Competent?
Susan Fritts2025-09-15T14:59:34+00:00Estate of McKay v. Wade & Searway Corp. (Decision 25-11)- Where one witness testified to asbestos dust being present as [...]
Order on Remand Vacates Earlier Decision and Affirms ALJ’s Decision
Susan Fritts2025-09-15T14:59:56+00:00Katherine Stovall v. New England Telephone Co. (Decision No. 25-10)- Appellate Division issues order on remand from the Law Court [...]
ALJ Reliance on 312 IME Testimony Upheld
Susan Fritts2025-09-15T15:00:17+00:00William Parker v. City of Lewiston (Decision 25-09) - Where there was competent medical and other evidence to support the [...]