Name
Pauline Pleau v. Maine Veterans Homes
Insurance Company
Memic
Date Decided
May 29, 2025
Panel Members
Cara Biddings
Donald Murphy
Mike Stovall
Categories
Durational Limit Res Judicata Durational Limit Res JudicataTags
File Size
175 KB
DownloadSummary from the Troubh Heisler Attorneys
Pauline Pleau v. Maine Veteran Homes- Where employee left part time employment to become non-compensated companion to mother, the ALJ did not err in finding a change of economic circumstance sufficient to overcome res judicata effect of prior decree establishing partial incapacity based on prior part time employment. Appellate Division rejects employer’s argument that ALJ erred by finding a change in economic circumstances where the economic change was unrelated to the work injury. The Appellate Division examines the case law on change in circumstances and finds no basis for concluding the change must be related to the work injury. Further, the panel concluded that the change in circumstance evidence may be sufficient to reopen the compensation payment scheme but still be insufficient to meet the burden of persuasion.