Gray v. Maine Regional School Unit 38

Insurance Company

Maine School Management Association

Date Decided

January 29, 2014

Panel Members

Timothy Collier

Elizabeth Elwin

Tom Pelletier




Compensability Legal Causation §201 Pre-Existing Condition Bryant v. Masters Knee

File Size

164 KB


Summary from the Troubh Heisler Attorneys

Appellate Division upholds ALJ granting of petitions for award and payment of medical services for a right knee injury where Gray stopped abruptly at the bottom of a ramp before turning into her office. Because Gray had a pre-existing knee condition the ALJ applied Bryant v. Masters Machine. RSU 38 argued that walking down a ramp did not create an employment related enhanced risk not encountered in everyday life. The Panel held that an ALJ is entitled to great deference in determining whether an injury arose out of and in the course of employment and there was competent evidence to sustain the decision.

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