Lawrence Berube v. Twin Rivers Paper Company
Sedgwick Claims Management Services
January 15, 2021
CategoriesProcedure Durational Limit Statutory Construction Durational Limit Procedure Statutory Construction
Supplemental Benefits Fund Sec. 355-C(3)
Summary from the Troubh Heisler Attorneys
Lawrence Berube v. Twin Rivers Paper Co. (attached) – Berube injured his back at work and Twin Rivers paid him ongoing total and partial benefits. The two parties established PI by consent decree at 14%, allowing Berube ongoing partial benefits after the 260-week durational limit passed.
Twin Rivers sought reimbursement from the Supplemental Benefits Fund, which initially paid them. The SBF then declined further payment, asserting it was not bound by the PI agreement because Twin Rivers failed to inform them of the proposed agreement 21 days beforehand as §355 requires.
Twin Rivers petitioned for review by the Board, but Judge Hirtle denied the petition for lack of prior §355 notice. Twin Rivers appealed, but the WCB Appellate Division panel found no error and affirmed the decision.