Name
Johnson v. James River
Insurance Company
Sedgwick Claims Management Services
Date Decided
December 5, 2013
Panel Members
Timothy Collier
Elizabeth Elwin
Mike Stovall
Categories
Res Judicata Subsequent Non-Work InjuryTags
Res Judicata Subsequent Injury back stomach hip knee §201(5) Non-work injury Roy v. Bath Iron Works
File Size
218 KB
DownloadSummary from the Troubh Heisler Attorneys
Johnson injured his back, stomach, hip and knee at work in 1990, receiving benefits by decree. Years later, Johnson seriously injured himself and an accident while riding his ATV. He filed petitions requesting additional medical and lost time benefits relating to his 1990 injury, but Judge Greene denied his petitions, finding no connection. Johnson appealed, arguing that the WCB was bound by the prior decisions, but the Appellate Division disagreed and affirmed the decision, finding that the prior decrees contained no specific findings that would require payment of ongoing benefits. Johnson also appealed findings regarding §201 (5) relating to his subsequent non-work injuries in 2000.
Applying the Law Court's analysis in Roy, however, the panel found that Judge Greene properly separated out the non-work from the work injuries, and that the record contained sufficient evidence to support his conclusion that Johnson failed to prove that his current losses related to the 1990 work injury.