O'Leary v. Northern Maine Medical Center

Insurance Company


Date Decided

June 7, 2019

Panel Members

Elizabeth Elwin

Sue Jerome

Evelyn Knopf


Post-Injury Earnings


Post-Injury Earnings Terminated With Cause Reduction in Earnings Nurse Low back

File Size

114 KB


Summary from the Troubh Heisler Attorneys

An employee who, following a work injury, returns to her regular job and is later fired for cause must, on her Petition for Review of Incapacity, show that her subsequent reduction in earnings at her new job is causally related to her injury. Her post-injury earnings at the employer-of-injury is evidence of her earning capacity and of the availability of suitable work.

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