Name
Philip Proctor v. Sappi North America, Inc.
Insurance Company
CCMSI
Date Decided
February 25, 2026
Panel Members
Bryan Chabot
Lindsey Sands
Christine Smith
Categories
Penalties Coordination of Benefits Coordination of Benefits PenaltiesTags
File Size
248 KB
DownloadSummary from the Troubh Heisler Attorneys
Philip Proctor v. Sappi North America Inc.- Where the employee did not want payment of his pension but employer’s pension plan required distribution when employee reaches age 65 and is no longer working for employer, the ALJ did not err in concluding the employer did not violate 39-A MRSA sec. 221(8) by improperly using the coordination of benefits provision of Workers’ Compensation Act to compel distribution of the pension, thereby allowing the employer an offset. The pension distribution was required by the normal operation of the pension plan and not by 39-A MRSA sec. 221. Further, the pension payments were not protected from benefit coordination as a “roll over” where employee deposited after-tax monthly pension payments into an IRA account. Under the facts of this case the pension distribution was not a roll over and therefore the pension benefits were “received” under sec. 221.