February 2, 2018 Article

WC Appellate Division Holds Burden to Show Changed Circumstances Is Not Met by Showing Only Changed Economic Circumstances When Comparative Medical Evidence Is Required

Maine Workers' Comp Alert

In Martin v. Scott Paper, WCB No. App. Div. 18-3 (January 26, 2018), the employee appealed from a decision denying his Petition for Restoration relative to an established 1977 left eye injury. The basis of a 1991 Decree was that, although the effects of the eye injury continued, they were not so severe as to limit the ability to work. Therefore, only proof that the eye condition had become more limiting would suffice as the sort of proof of the kind of change in circumstances justifying reinstatement of incapacity benefits. The employee argued that despite the absence of a medical change of circumstances, his economic circumstances had changed. The Appellate Division found the administrative law judge correctly applied the law and found the employee presented no comparative medical evidence that might alter the basis for the prior decision. When comparative medical evidence is required, the burden to show a change in circumstances is not met by showing only a change in economic circumstances.

Firm Highlights

Publication

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...

Publication

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...

Publication

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...

Publication

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...

Publication

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...

Publication

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...

Publication

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...

Publication

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...

Publication

Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

Publication

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...