O'Leary v. Northern Maine Medical Center
June 7, 2019
Post-Injury Earnings Terminated With Cause Reduction in Earnings Nurse Low back
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.