Santiago v. County of Penobscot

Insurance Company

Maine Municipal Association

Date Decided

June 20, 2019

Panel Members

Timothy Collier

Tom Pelletier

Mike Stovall


Findings of Fact Compensability Compensability Findings of Fact


Prior Injury Comeau Knee Compensible Injury

File Size

132 KB


Summary from the Troubh Heisler Attorneys

Before working for the sheriff’s office, Santiago had a prior (apparently non-work-related) knee injury requiring surgery. Years later, after arriving at home for “lunch” but still on duty, he stepped out of his work SUV, apparently twisting and re-injuring his knee. Judge Hirtle applied Comeau, found the injury did not “arise out of his employment,” and denied his petitions. The Appellate Division remanded the case back to Judge Hirtle for additional findings on whether Comeau applied and, if so, how Santiago did not meet his burden of proof that his injury was compensable.

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