Name
Phillip Palmore v. Town of Lisbon
Insurance Company
Memic
Date Decided
December 13, 2021
Panel Members
Elizabeth Elwin
David Hirtle
Evelyn Knopf
Categories
Statutory Construction Compensability Compensability Statutory ConstructionTags
firefighter presumption Sec. 328-B
File Size
188 KB
DownloadSummary 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.