Almeida v. Carpet Town

Insurance Company

Maine Employers' Mutual Insurance Company

Date Decided

December 11, 2013

Panel Members

Glen Goodnough

Evelyn Knopf

Mike Stovall


Findings of Fact


Ongoing Benefits Findings of Fact Return to Work

File Size

169 KB


Summary from the Troubh Heisler Attorneys

Almeida had previously ruptured 3 discs moving a piano for a prior employer and had chronic low back problems thereafter. In 2004 he aggravated his back condition lifting boxes for Carpet Town, which paid him temporary benefits. Almeida return to work before voluntarily leaving Carpet Town in September 2005. He filed petitions for additional benefits, contending that his 2004 back injury and related depression incapacitated him. Judge Jerome granted him the protection of the Act but awarded no benefits, finding that he had not met his burden of proof that his 2004 injury continued to contribute to his incapacity. Almeida appealed, but the Appellate Division upheld the decision, as it contained factual findings based on competent evidence.

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