Laursen v. Sapphire Management
October 13, 2020
CategoriesBoard IME Procedure
Hand Housekeeper §312 Procedure
Summary from the Troubh Heisler Attorneys
Laursen injured her hand at work as a housekeeper, diagnosed as a strain. She filed a petition for award, claiming ongoing incapacity. Dr. Donovan performed a §312 IME finding the effects of her injury ended a few weeks after it occurred. Laursen scheduled Dr. Donovan's deposition, but it was postponed three times for various reasons. Judge Hirtle closed the evidence without the deposition and granted Laursen’s petitions, giving her the protection of the Act but no benefits.
Laursen appealed, alleging due process violations. The Appellate Division panel denied the appeal, finding that her due process arguments were perfunctory, late, under-developed and legally unsupported. The panel found Maine administrative law allowed Judge Hirtle to disallow the deposition under the circumstances.