Almeida v. Carpet Town
Maine Employers' Mutual Insurance Company
December 11, 2013
CategoriesFindings of Fact
Ongoing Benefits Findings of Fact Return to Work
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.