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 [...]
Petition Not Barred by Res Judicata
Susan Fritts2024-07-02T14:49:38+00:00Katherine Stovall v. New England Tel. Co.- (“Stovall II”)- In Dec. No. 24-06, the Appellate Division finds that the contract [...]
Covid-19 Infection was Found to be Compensable Injury
Susan Fritts2024-07-02T14:36:14+00:00Linda Wooten v. Maine Turnpike Authority- Where the employee was exposed to a Covid-19 infected co-worker in the EZ-Pass office [...]
ALJ has Authority to Choose Among Conflicting Versions of the Facts
Susan Fritts2024-06-28T18:33:39+00:00Robert Witt v. Holland Drug, Inc. (Dec. No. 24-04) - The Appellate Division affirms the ALJ's determination that the employee [...]
Employee Failed to Meet Burden of Proof
Susan Fritts2024-06-28T18:25:12+00:00Roger Emery v. Fedex Freight, Inc. (Dec. No. 24-03) - The Appellate Division affirms the ALJ denying the employee’s petition [...]
Aggravation of Preexisting Condition
Susan Fritts2024-06-28T18:04:35+00:00Robert Fergola v. ND Paper- The Appellate Division affirms granting a petition of award on a 5/1/21 low back injury [...]
Rejection of Res Judicata Defense
Susan Fritts2024-06-28T17:57:01+00:00Mary Low v. Nestle Waters North America, Inc.- The Appellate Division affirmed the ALJ’s granting of Petition for Award and [...]