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Roe v. Yarmouth Lumber11/20/2001
Reporter of Decisions
Argued: October 11, 2001
The employee, John A. Roe, appeals from a decision of a hearing officer of the Workers' Compensation Board granting Roe's petitions for award, but denying incapacity benefits pursuant to 39-A M.R.S.A. § 214(1)(A) (2001). The hearing officer found that Roe refused an offer of reinstatement without good and reasonable cause, and, accordingly, was disqualified from receiving benefits during the period of the refusal. Roe contends that the hearing officer's decision is contrary to a Board rule providing that section 214 is not applicable when the employer is paying benefits "without prejudice." Me. W.C.B. Rule Ch. 1, § 2. We disagree and we affirm the decision.
The hearing officer made the following findings that are undisputed by the parties: Roe suffered a work-related low-back injury on October 16, 1994, while working as a truck driver for Yarmouth Lumber, Inc. His condition gradually deteriorated until early 1997, when he temporarily left work as a result of his injury. Roe was given medical clearance to return to work in the spring of 1997, but, as the hearing officer concluded in this case, "for the most part, medical providers . . . recommended that he not return to long haul truck driving." Yarmouth voluntarily paid incapacity benefits "without prejudice," i.e., without formally accepting liability. See Me. W.C.B. Rule Ch. 1, § 2.
In April 1997 Yarmouth sent Roe a written offer of reinstatement employment that "involved short distance driving with no loading and unloading." The written job offer stated, in pertinent part:
According to the most recent Practitioner's Report, you are now able to lift up to 50 pounds on a frequent basis. This should allow you to perform driving duties on a local assignment basis. Duties would involve driving and delivery in the Maine, New Hampshire, Massachusetts area, and would allow you to be back home every evening. We would coordinate this to be sure it does not include any hand unloading of products.
Roe refused the offer and Yarmouth terminated payment of benefits. Roe found sporadic employment from 1997 through 1999. In May 2000 he obtained ongoing part-time employment as a "night auditor" at the Tugboat Inn.
Roe filed petitions for award of benefits, seeking benefits for his 1994 and 1997 injuries. Although the hearing officer found that Roe suffered work-related injuries in 1994 and 1997, the hearing officer also found that the short-haul truck driving job offered to Roe in April 1997 "conformed with Mr. Roe's restrictions by his treating physician at that time." The hearing officer concluded that Roe refused a good faith, bona fide offer of reinstatement employment without good or reasonable cause, and would therefore not be entitled to incapacity benefits during the period of the refusal. See 39-A M.R.S.A. § 214(1)(A). The hearing officer denied the employee's motion for further findings of fact and conclusions of law, and we granted Roe's petition for appellate review pursuant to 39-A M.R.S.A. § 322 (2001).
I.
Section 214 provides, in pertinent part:
1. Benefit determination. While the incapacity is partial, the employer shall pay the injured employee benefits as follows.
A. If an employee receives a bona fide offer of reasonable employment from the previous employer or another employer or through the Bureau of Employment Services and the employee refuses that employment without good and reasonable cause, the employee is considered to have voluntarily withdrawn from the work force and is no longer entitled to any wage loss benefits under this Act during the period
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