David Furrow v. Bath Iron Works Corp.

Insurance Company

Liberty Mutual

Date Decided

March 2, 2021

Panel Members

Timothy Collier

Elizabeth Elwin

Mike Stovall


Gradual Injury Statute of Limitations Gradual Injury Statute of Limitations


Sec. 95

File Size

119 KB


Summary from the Troubh Heisler Attorneys

David Furrow v. BIW (see below) – The Maine WCB Appellate Division affirmed Judge Knopf’s decision denying Furrow’s award on a 1981 knee injury, based on the 10-year statute of limitations in 39 MRS §95, citing the Law Ct. in Young (2013).

The AD also affirmed Judge Knopf granting Furrow’s petition on a 2012 gradual bilateral knee injury but not awarding incapacity benefits. Dr. Bradford’s §312 IME opinions “substantially evolved” at deposition and supported Judge Knopf’s finding that, given his pre-existing condition, Furrow did not prove his “work contributed to his disability in a significant manner” in 39-A MRS §201 (4), citing the Law Ct. in Derrig (1999).

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