Name
Torrey v. Island Nursing Home
Insurance Company
MHCA Workers' Compensation Fund
Date Decided
October 28, 2016
Panel Members
Timothy Collier
Elizabeth Elwin
Glen Goodnough
Sue Jerome
Evelyn Knopf
Tom Pelletier
Mike Stovall
Categories
Legal CausationTags
Causation Comeau v. Maine Coastal Services Medical Reaction En banc
File Size
318 KB
DownloadSummary from the Troubh Heisler Attorneys
In Torrey v. Island Nursing Home, Torrey was a CNA who, at the employer’s suggestion, received a vaccination against the hepatitis B virus, administered at the workplace by a nurse. Torrey developed symptoms diagnosed as complex regional pain syndrome and incurring medical bills and lost time. Torrey filed a petition, but INS controverted it, arguing that Torrey got the shot for her own sake, not to help her employer, so her vaccination reaction did not “arise out of” her employment.
Judge Hirtle granted Torrey’s petition and INS appealed. The panel reviewed the Comeau factors in detail and affirmed the underlying decision, giving “significant deference” to the Judge’s ruling, correctly noting the limitations of appellate review, and pointing out that Torrey’s immunization clearly benefited her employer because it would have allowed Torrey to safely manage patients with hepatitis B.