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.

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Maine WC Alert: Appellate Division Reiterates Requirement to Trigger Retirement Presumption

Maine Workers' Comp Appellate Division Reiterates That Working in Customary Job Until Retirement Constitutes “Termination of Active Employment” Sufficient to Trigger the Retirement Presumption In Capitan v. NewPage Paper (WCB 19-10 [App. Div. April...

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Maine WC Alert: Latest Appellate Division Rulings on Health Insurance Payments, Social Security Benefits

The Maine Workers' Comp Appellate Division recently issued rulings in the cases of Rich v. Maine Turnpike Authority and Butler v. City of Portland. Health Insurance Payments Made by Self-Insured Employer for Health Insurance...

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Maine WC Appellate Division Addresses Refusal of Suitable Work and Notice

The Maine Workers' Compensation Appellate Division recently addressed cases dealing with refusal of suitable work and notice. Both decisions rely heavily on the specific facts of each case. In the context of a refusal...

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Maine WC Alert: Appellate Division Rules No Consequences Under 218 for Deferment of Receipt of Old-Age Social Security Benefits

In Pratt v. S.D. Warren (No. 19-3 [WCB App. Div. April 30, 2019]), S.D. Warren appealed a decision denying its Petition for Approval of Discontinuance of Incapacity Benefits. An employer may reduce incapacity benefits...

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Maine WC Alert: Updated Version of Notice of Controversy (WCB-9) Must Be Used Effective February 1, 2020

Following the recent statutory changes to the Workers’ Compensation Act, the Maine Workers’ Compensation Board has updated the language in Box 22 of the Notice of Controversy. This new version should be used as...

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Maine WC Alert: Appellate Division Addresses the Issue of Timely Notice in Two Recent Decisions

For claims for which the date of injury is on or after January 1, 2013, unless otherwise provided by the Maine Workers' Compensation Act, proceedings may not be maintained unless notice of an injury...

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Maine WC Alert: MAE Unit Publishes Guidance on Compliance with Recent Amendments

The Maine Workers’ Compensation Board’s Monitoring, Audit & Enforcement Unit has issued a document to provide guidance on complying with certain recent amendments to the Workers’ Compensation Act in P.L. 2019, c. 344 (LD...

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Maine WC Alert: Appellate Division Clarifies Section 327 Death Presumption

Maine Workers' Compensation Appellate Division Clarifies Burdens of Production and Proof Regarding Notice in the Context of the Section 327 Death Presumption In Estate of Deyone v. ITG Brands, LLC (WCB App. Div. 19-7...

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Maine WC Alert: Appellate Division Upholds Ruling on Reinstatement Provisions and Termination of Benefits

Maine WC Appellate Division Holds That Ongoing Noncompliance with Reinstatement Provisions in Section 218 Precludes Termination of Benefits for Expiration of Durational Cap Under 213 Section 218 of the Maine Workers’ Compensation Act provides...

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Maine WC Alert: New Legislation Brings Procedural Changes, Benefit Modifications

LD 756 (“ An Act To Improve the Maine Workers’ Compensation Act of 1992 ”), was signed into law by Governor Mills on June 17, 2019. LD 756 has an effective date of September...