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Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine

Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
Exclusive Remedy in Maine
Exclusive Remedy in Maine

State Snapshot BASIC RULE In Maine, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 39-A M.R.S. § 104. This is the case for all personal injuries and deaths or occupational diseases […]
Did Mass. Staffing Agency Have to Fight Tort Action by Worker Injured at Maine Jobsite?
Did Mass. Staffing Agency Have to Fight Tort Action by Worker Injured at Maine Jobsite?

What Do You Think (times two)? When an employee is sent to work across state lines and is injured there, the determination of which state’s law applies can dramatically impact the employer’s liability. Employers need to […]
Maine Lawmakers Advance Death Benefits Bill after DOT Workers Killed
Maine Lawmakers Advance Death Benefits Bill after DOT Workers Killed

Safety at Work Augusta, ME (WorkersCompensation.com) – Legislators in Maine are pushing a bill to expand death benefits to family members of Department of Transportation worker killed on the job. The legislation, LD 669, would […]
Delay in Mailing Means Change in Imputed Earning Capacity for Maine Corrections Officer
Delay in Mailing Means Change in Imputed Earning Capacity for Maine Corrections Officer

Case File Because an ALJ's decision imputing earning capacity based on the state's minimum wage in 2023 didn't get sent to the parties until 2024, the Appellate Division determined that a revision was due to […]
Maine Top Court Focuses on Future Earnings in Setting AWW for Seasonally Laid-Off Trucker
Maine Top Court Focuses on Future Earnings in Setting AWW for Seasonally Laid-Off Trucker

Case File Determining which of two methods for calculating average weekly wage for an employee who worked seasonally but might have been able to do more but for her injury required Maine's Law Court to […]
Seasonal Layoffs don’t Equal ‘Seasonal Employee’ for Maine AWW Purposes
Seasonal Layoffs don’t Equal ‘Seasonal Employee’ for Maine AWW Purposes

Case File Is an employee who experiences intermittent layoffs due to the seasonal nature of his job a "seasonal" worker under Maine law? Not necessarily, and Simply Research subscribers can read the full text about […]
Estate of Maine Worker Bears Burden of Proof on Question of Lien
Estate of Maine Worker Bears Burden of Proof on Question of Lien

Case File The question of whether an employer or the estate of a deceased worker bore the burden of proof on the amount of a lien on the proportionate share of the cost of collection. […]