Maine Workers’ Compensation Alert: Appellate Division Rules on Compensability of Palliative Treatment

In Boucher v. John F. Murphy Homes, Inc., WCB App. Div. Dec. No. 15-6 (March 9, 2015), a §312 examiner found massage therapy reasonable and necessary, but “purely palliative.” The Board granted the employee’s Petition for Payment, finding the treatment reasonable and necessary and approved ongoing massage therapy on an indefinite basis.

The Appellate Division ruled that palliative, non-curative treatment, if medically reasonable and necessary, is compensable but imposed an 18 month limit on the duration of pre-approved therapy.

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