WC Appellate Division Holds That Proof of the Unavailability of Suitable Work Must Be Proven to Obtain 100% Partial Incapacity Benefits When an Ongoing Employment Relationship Exists

Maine Workers' Comp Alert

In Morris v. Penobscot Bay Medical Center, Me. WCB App. Div. No. 17-45 (December 21, 2017), an employee appealed a decision granting her Petition for Award in part and awarding ongoing partial incapacity benefits based on an imputed earning capacity. The employee argued that she is entitled to an award of 100% partial incapacity benefits because she remained in an employment relationship with the pre-injury employer. The Appellate Division affirmed, finding that the unavailability of work must be proven even if an employment relationship continues.