Publications
January 30, 2018 Article

WC Appellate Division Holds Final Judgment Principles Do Not Bar Claim Based on an Unresolved Record of Mediation

Maine Workers' Comp Alert

In Karimova v. Nordx, WCB App. Div. No. 18-01 (January 16, 2018), the Appellate Division addressed the employer/insurer’s argument that because a September 11, 2006, injury was not included in a Record of Mediation, where other dates of injury were mediated, final judgment principles foreclosed the employee from thereafter asserting a claim for that injury. Unlike mediation agreements—which serve as the equivalent of final adjudications—records of unresolved mediations that merely recite issues in dispute do not have the same effect as judicial decrees. Therefore, the Appellate Division affirmed and found the administrative law judge correctly determined that the employee’s claim relative to the 2006 injury was not barred by final judgment principles.

Firm Highlights

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Maine WC Appellate Division Addresses Refusal of Suitable Work and Notice

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

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Update on COVID-19 and Maine Workers' Compensation

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

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

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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 Transition to In-Person Hearings Likely to Occur No Sooner Than August 2020; Section 312 IME’s Have Resumed

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

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

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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...