Publications
September 15, 2016 Article

Maine WC Alert: WC Board Appellate Division Rules on Medical Marijuana Reimbursement

Workers' Compensation Alert

The Workers’ Compensation Board Appellate Division recently issued decisions in Bourgoin v. Twin Rivers Paper Company, WCB App. Div. No. 16-26 (August 23, 2016) and Noll v. Lepage Bakeries, Inc., WCB App. Div. No. 16-25 (August 23, 2016). The Appellate Division found that federal law does not prohibit requiring the workers’ compensation employer and insurer to pay for medical marijuana. The Appellate Division held that workers’ compensation insurance is casualty insurance, not health insurance, and therefore the provision in the Maine Medical Use of Marijuana Act which states that chapter may not be construed to require “[a] . . . private health insurer to reimburse . . . costs associated with the medical use of marijuana” does not bar a workers’ compensation insurer for reimbursing costs related to the use of medical marijuana. Under Maine law the workers’ compensation insurer is responsible to pay for medical marijuana found to be reasonable and necessary to treat chronic pain related to a work injury.

Firm Highlights

News

48 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2021, Including 4 “Lawyers of the Year”

Forty-eight Preti Flaherty attorneys have been named to Best Lawyers in America 2021, including four recognized on the inaugural “Ones to Watch” list for attorneys earlier in their careers and four “Lawyer of the...

Publication

Maine Workers' Comp Alert: Update on Appellate Division Findings on Notice of Injury Requirements

Maine WC Appellate Division Affirms Decision Finding Untimely Notice of Injury; Reiterates Requirements for Timely Notice As background, the notice period is 90 days for dates of injury between January 1, 1993, and January...

Publication

Maine WC Alert: WCB Orders Remote Hearings Unless In-Person Deemed Necessary

COVID-19 Concerns Prompt Maine WCB to Order That Hearings Be Conducted Remotely Unless It Is Deemed Necessary to Conduct a Hearing In-Person On March 25, 2020, the Maine WCB issued an order regarding the...

Publication

Maine Workers' Comp Alert: WCB Announces Updates to Several Forms

The Maine Workers’ Compensation Board has revised several forms, which are now available here . The WCB-4 (Discontinuance/Modification) has been divided into two new forms, WCB-4D (Discontinuance) and WCB-4M (Modification). The Discontinuance, Modification, and...

Publication

WC Alert: Recent Developments from Maine's Workers' Compensation Board

Frank A. Graf, MD, Reappointed to Approved List of § 312 Examiners At the February 11 meeting of the Maine Workers’ Compensation Board, Frank Graf, MD, was reappointed to the list of approved § 312...

Publication

Maine Workers' Comp Alert: WCB Announces New Nature and Cause of Injury Codes and FAQ for COVID-19

New Nature & Cause of Injury Codes The Maine Workers’ Compensation Board (WCB) has updated the Injury Description Tables that are used by the International Association of Industrial Accident Boards and Commissions (IAIABC) to...

Publication

Maine Workers' Comp Alert: Areas of Consideration Due to COVID-19

This alert addresses certain areas of concern with respect to the COVID-19 pandemic and Maine Workers’ Compensation. This alert touches upon new issues to consider, issues of concern for existing claims, and general concerns...

News

Attorney Evan Hansen Selected by Peers as “Lawyer of the Year” in Best Lawyers in America 2021

Preti Flaherty attorney Evan Hansen has been recognized in Best Lawyers in America 2021 as the “Lawyer of the Year” for the Portland region in the field of Workers' Compensation Law - Employers. Inclusion in...

Publication

Maine Workers' Comp Alert: WCB Transition to In-Person Hearings Likely to Occur No Sooner Than August 2020; Section 312 IME’s Have Resumed

A conference with Maine Workers' Compensation Board Executive Director John Rohde was held last week to discuss the transition to in-person hearings at the WCB. The WCB Subcommittees also met to discuss recent developments...

Publication

Update on COVID-19 and Maine Workers' Compensation

In this uncertain time, Preti Flaherty wants to assure you we are still providing full coverage for your Maine Workers’ Compensation and Longshore legal needs. This update briefly addresses current laws and also touches...