Name
Steve Michaud v. Caribou Ford-Mercury, Inc.
Insurance Company
Maine Auto Dealers Association WC Trust
Date Decided
October 1, 2024
Panel Members
Categories
Benefit Payments Compensability Procedure Benefit Payments Compensability ProcedureTags
File Size
179 KB
DownloadSummary from the Troubh Heisler Attorneys
Steve Michaud v. Caribou Ford-Mercury, Inc. – 2024 ME 74 – Law Court vacates the Appellate Division decision (23-12), holding that the date that specific loss benefits for the loss of an eye become due, and thus accrue interest on the award, is the date when the total loss occurred. The Appellate Division had affirmed the ALJ’s conclusion that the specific loss benefits became due only when his doctor determined he had reached MMI.
While its prior decision in Tracy v. Hershey Creamery, Co., 1998 ME 247, 720 A.2d 579 held the determination of whether the loss of vision exceeds 80 percent should be made when the work-related injury reached a reasonable medical endpoint, the examiner should look backward to make a determination of when damage to the employee’s vision reached the 80% threshold.