Saucier v. Cianbro Corporation
May 17, 2019
520 Week Limit Permanent Impairment Rating §213
Summary from the Troubh Heisler Attorneys
To determine whether 520 weeks of partial incapacity benefits have been paid under 39-A MRS §213, the Board can accept the employer/insurer's testimony that its initial lump-sum payment constituted 106 weeks of incapacity benefits. Although the employee's treating physicians may opine that the employee has not yet reached MMI and his PI cannot yet be determined, the Board can accept the opinion of the employer's §207 examiner that the employee has reached MMI and that his PI is below the threshold for lifetime partial benefits.