Arsenault v. City of Westbrook

Insurance Company

Maine Municipal Association

Date Decided

August 20, 2015

Panel Members

Elizabeth Elwin

Tom Pelletier

Mike Stovall


Board IME


IME§312 Multiple Injuries Total Incapacity Non-Compensable Injuries

File Size

88 KB


Summary from the Troubh Heisler Attorneys

Mr. Arsenault claimed several work injuries, and the Board appointed Dr. Graf as the §312 IME doctor. He found that the employee was totally disabled by two of his injuries, but that he also had other non-compensable injuries that contributed to his disability. HO (now ALJ) Jerome issued a decree granting benefits on his compensable injuries but finding other injuries barred by the statute of limitations. Westbrook appealed, arguing that the IME doctor and WCB should identified and have removed from consideration the incapacity from Mr. Arsenault's non-compensable injuries, and that there was clear and convincing evidence to the contrary of the IME opinions.

The Appellate Division panel affirmed the decision, holding that Mr. Arsenault was entirely disabled by his compensable injuries alone, despite the added incapacity from his non-compensable injuries. The panel noted that, when the decision is based on the §312 IME, the losing party must demonstrate not just that there is contrary evidence, but also that there is no evidence at all to support the IME finding or Board decision, which the Westbrook failed to do.

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