Morris v. Penobscot Bay Medical Center
December 21, 2017
Ongoing Benefits 100% Benefits Work Search
Summary from the Troubh Heisler Attorneys
Ms. Morris was apparently injured at work and filed a Petition for Award which Judge Elwin granted in part, awarding her ongoing partial incapacity benefits based on a imputed earning capacity of $400 per week. Ms. Morris argued that she was entitled to 100% partial incapacity benefits because she “remained in an employment relationship with PBMC” and thus was not required to perform a work search.
The Appellate Division upheld Judge Elwin’s decision, interpreting its prior Parks decision to hold that, even if an employment relationship continues after an incapacitating injury, 100% benefits are not required where there is no work search or labor market evidence.