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

Publication

Legislative Alert: House Democratic and Senate Republican Leadership Elections

Senate Republicans held their leadership votes on Tuesday, November 10 th . As expected, Senator Jeff Timberlake was elected as Republican Leader. Both Senator Matt Pouliot and Senator Trey Stewart ran to be the...

News

Twenty-Three Preti Flaherty Attorneys Selected for Inclusion in 2020 Super Lawyers

Twenty-three Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including thirteen Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...

Publication

Legislative Alert: 2020 Election and State House Update

(Current as of 11/4/20 at 2:30 PM EST) Presidential Maine is one of two states in the country that splits its electoral votes. As in 2016, this turned Maine’s more rural 2nd Congressional District...

News

Preti Flaherty Adds Six to Environmental and Litigation Practice Groups

Preti Flaherty is pleased to announce the arrival of six new members to the firm: Katherine L. Oaks, Kevin C. Osantowski, Laura Lee Barry Wommack, Nicholas A. Dube, Martin C. Topol, and Allaina Murphy...

News

U.S. News – Best Lawyers Ranks Preti Flaherty Among 2021 Best Law Firms

Preti Flaherty has been named among the 2021 Best Law Firms by the U.S. News – Best Lawyers rankings. To be eligible for ranking, a law firm must have at least one attorney named...

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Legislative Alert: Legislative Leadership Election Update

The Senate Democratic Caucus met on November 5 th and, as expected, re-elected their current leadership team. Thus Senate President Troy Jackson (D-Aroostook), Senate Majority Leader Nate Libby (D-Androscoggin), and Senate Majority Assistant Leader...

Publication

How to comply with Maine’s new paid leave law

Fittingly, “Vacation Land” is among a small contingent of states that have a paid leave law on the books.  Maine, however, is somewhat unique in that the paid leave afforded under the new law...

Press Coverage

Trump Legal Team Pursues Contradictory Strategy

As the Trump campaign continues to present court challenges to electoral procedures, the Portland Press Herald interviews several Maine attorneys, including Matt Warner of Preti Flaherty, on the merits of the cases and their...

News

Preti Flaherty Joins Maine Justice Foundation for Racial Justice Fund

As part of our ongoing efforts to promote racial justice, Preti Flaherty has joined with the Maine Justice Foundation and other local businesses and philanthropists to create the Racial Justice Fund . Each of the 22 founders...

Press Coverage

Diverse Lawyers Matter: Maine’s Legal Community Tackles Racism in the Profession

Mainebiz surveys local attorneys on the ongoing lack of diversity in the legal profession, how public opinion has changed in the last few years in confronting the issue, some of the reasons this problem persists...