Bourgoin v. Northern Maine Medical Center
December 15, 2017
Fringe Benefits Earning Capacity
Summary from the Troubh Heisler Attorneys
Ms. Bourgoin “was injured at work” and underwent surgery. While she was out of work, NMMC terminated her employment and her fringe benefits. After she recovered a work capacity, NMMC rehired her and again provided “the same health insurance.” In an effort to avoid paying ongoing partial benefits for an artificially reduced post-injury earning capacity, NMMC “represented” to the Board that Ms. Bourgoin's fringe benefits cost NMMC less after her injury than they had before her injury, but NMMC apparently failed to introduce any evidence to support that contention.
Judge Pelletier granted her petition and awarded her benefits based on her pre-injury AWW and fringe benefits, reduced by the cost of her post-injury earnings and fringe benefits. NMMC appealed, but the Appellate Division upheld Judge Pelletier’s decision, because NMMC failed to produce evidence at hearing supporting its contention.