Narrative Opinion Summary
The case involves an appeal by the plaintiff against the Superior Court of Maine's decision to uphold the Workers' Compensation Commission's reduction of his weekly disability payments. The plaintiff, who sustained a back injury, was initially receiving total disability compensation. However, following a review prompted by the employer's petition, the commissioner deemed the plaintiff to be 70% partially disabled with the capacity for light work. The commissioner's assessment was based on medical testimony indicating improvement in the plaintiff's condition. The court found that the plaintiff's efforts to secure employment, applying to only three employers over sixteen months and then seventeen shortly before the final testimony, did not constitute a good faith job search. The appellate court affirmed the commissioner's findings, emphasizing that the extent of disability is a factual determination supported by evidence. The appeal was denied, with the employer ordered to pay $350.00 in counsel fees and reasonable expenses for the appeal. Justice WERNICK did not participate in the decision.
Legal Issues Addressed
Award of Counsel Fees and Expenses on Appealsubscribe to see similar legal issues
Application: The employer was ordered to cover the plaintiff’s legal expenses for the appeal, reflecting the court's authority to impose such costs.
Reasoning: Additionally, the employer was ordered to pay DeROCHE $350.00 in counsel fees and reasonable out-of-pocket expenses for the appeal.
Judicial Review and Affirmation of Administrative Decisionssubscribe to see similar legal issues
Application: The Superior Court affirmed the Workers' Compensation Commission's decision, underscoring the deference given to administrative findings when supported by evidence.
Reasoning: The appeal was denied, and the Superior Court's decree was affirmed.
Obligation to Seek Suitable Employmentsubscribe to see similar legal issues
Application: The court affirmed the decision that the plaintiff did not make a reasonable effort to seek employment appropriate for his condition, thus justifying the reduction in benefits.
Reasoning: The commissioner found DeROCHE to be 70% partially disabled with a light work capacity, concluding that he did not make a reasonable effort to seek employment suitable for his condition.
Workers' Compensation and Partial Disability Assessmentsubscribe to see similar legal issues
Application: The court upheld the commissioner's decision to reduce disability payments, emphasizing the factual determination of worker's incapacity based on evidence.
Reasoning: The court noted that the extent of a worker's incapacity is a factual matter, and the commissioner's findings are conclusive if supported by evidence.