Publications
November 28, 2016

Maine Workers' Comp Alert: Appellate Division Addresses Distinction Between Employees Covered Under the Act and Volunteers

Workers' Compensation Alert

In Huff v. Regional Transportation Program the Workers’ Compensation Board Appellate Division affirmed a decision finding that an individual was not an employee but, rather, a volunteer. The individual was a driver for a nonprofit entity that provided transportation services to the elderly. The Appellate Division rejected the individual’s contention that the $0.41 per mile that the driver received as reimbursement constituted remuneration. The Appellate Division also rejected the argument that the $0.41 reimbursement rate is an IRS rate specifically set for employees, noting that provisions of the tax code do not dictate interpretations of the Workers’ Compensation Act. Because the individual’s services were without remuneration, he was not an employee under the Act. The Appellate Division found this case distinguishable from Harriman v. EMK, 1998 Me. Super. LEXIS 58 (Mar. 13, 1998) in which a volunteer, in exchange for services, was allowed to ski at any time without charge, received free beverages and was able to earn free ski passes for friends based on number of hours she worked. The key difference was that in Harriman, that individual did not provide services on a purely gratuitous basis, but exchanged her services for valuable remuneration that was not fixed.

Firm Highlights

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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...

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...