Phillip Palmore v. Town of Lisbon
December 13, 2021
CategoriesStatutory Construction Compensability Compensability Statutory Construction
firefighter presumption Sec. 328-B
Summary from the Troubh Heisler Attorneys
Phillip Palmore v. Town of Lisbon (21-32) - Palmore was diagnosed with brain cancer in 2017 and had surgery and other therapy, leaving him partially disabled. As he had worked as a volunteer fire-fighter since 2005, he petitioned for benefits under the firefighter presumption in §328-B(2). Judge Goodnough granted his petition, finding he qualified for the presumption under the statute and under WCB Rule Ch.1, §10(2).
Lisbon appealed, arguing that the medical records fail to confirm Palmore recalling the necessary testicular exam, but the appellate panel held that the employee’s testimony was sufficient. Lisbon argued that Palmore was exposed to carcinogens elsewhere, but the panel upheld the sufficiency of Palmore’s affidavit to the contrary, based on his information and belief.
Lisbon also appealed the finding of a $75 week earning capacity, citing the lack of evidence supporting it. The panel vacated that finding and remanded the case for further findings on Palmore’s current earning capacity.