Name
Jerome Weiss v. Maine Soapstone Co.
Insurance Company
Memic
Date Decided
May 23, 2022
Panel Members
Elizabeth Elwin
David Hirtle
Katherine Gatti Rooks
Categories
Permanent ImpairmentTags
burden of proof durational limit
File Size
174 KB
DownloadSummary from the Troubh Heisler Attorneys
Jerome Weiss pro se v. Maine Soapstone Co. (attached) – Weiss had a gradual 2009 neck and shoulder injury, and the Board awarded partial benefits in 2012. In 2018 MEMIC filed a petition to terminate benefits, and in 2020 Weiss filed a PI petition. He had no PI opinion but “was given the opportunity” to have a §312 IME assess PI “but did not go through with the examination.”
MEMIC had Dr. Boucher’s records-review PI assessment of 11%, but Judge Pelletier discounted it. He found Weiss had not produced any evidence he had PI over the threshold, and he granted the termination of partial incapacity benefits. Weiss appealed, but the Appellate Division upheld the decision.
The panel stated §213 exempts an employer from paying more than 520 weeks of partial benefits unless the employee’s PI exceeds 12%. Citing Farris, the panel agreed that Maine Soapstone had the burden of proof on its petition, but Weiss failed to meet his initial burden of producing some evidence to show his PI was above the threshold.