Name
Cantara v. Dube Design & Construction
Insurance Company
Date Decided
October 20, 2016
Panel Members
Elizabeth Elwin
David Hirtle
Sue Jerome
Categories
PenaltiesTags
Independent Contractor Penalties Construction
File Size
167 KB
DownloadSummary from the Troubh Heisler Attorneys
The Appellate Division upheld Hearing Officer Dunn's decision granting Cantara's Petition for Forfeiture under §324 and ordering Dube to pay Cantara a $5,000 penalty for late payment of worker's compensation benefits per Judge Stovall's decision. Dube had argued that Judge Stovall's decision was void because Cantara really was an independent contractor. Under §324, however, the employer must pay the ordered benefits to the employee pending the employer's appeal.
These decisions demonstrate that the Maine WC Board is serious about ensuring that building contractors properly designate their workers as employees rather than independent contractors and provide these workers with coverage under the WC Act.