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 Procedure

Tags

Specific Loss Benefits;

File Size

179 KB

Download

Summary 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.

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