Burden of Proof and Weight Afforded to 312 IMEs.
Susan Fritts2026-05-12T13:00:26+00:00Michelle Brown v. DiMillo's Inc. (Decision No. 26-02) - Where the employee underwent three sec. 312 IME's, the ALJ rejected [...]
Pension Offset Did Not Violate 39-A MRSA Section221 (8)
Susan Fritts2026-05-12T12:58:58+00:00Philip Proctor v. Sappi North America Inc. (Decision No. 26-01) - Where the employee did not want payment of his [...]
Sec. 327 Death Presumption Applied to Legal Causation But Not Medical Causation
Susan Fritts2026-05-12T12:58:49+00:00Estate of Christopher Elliott v. CPM Constructors (Decision 25-19)- Where the ALJ held that sec. 327 death presumption applied to [...]
Dates Important in Determining Earning Capacity
Susan Fritts2026-05-12T12:58:32+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 Fritts2026-05-12T12:58:10+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 Fritts2026-05-12T12:57:51+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 [...]