Delano v. City of South Portland
Maine Municipal Association
October 9, 2013
Apportionment Multiple Insurers Multiple Injuries §354
Summary from the Troubh Heisler Attorneys
Delano injured his back and hip when he fell on a tree at work in 1991, when SP was self-insured, and he received benefits by consent decree. In 2007, when SP was insured by MMA, Delano injured his neck. Judge Collier apportioned 90% of his ongoing incapacity to the 1991 injury and 10% to the 2007 injury, but he denied MMA’s assertion that, because Delano was entitled to inflation adjustments on the 1991 injury, SP had to apply inflation adjustments to its reimbursement to MMA. MMA appealed, and the Appellate Division vacated that part of Judge Collier’s decision, holding that MMA's right were “coextensive with Delano's rights,” so MMA was entitled to be reimbursed by the city including inflation adjustments.