Cust v. University of Maine2/9/2001
Reporter of Decisions
Argued: January 9, 2001
The University of Maine appeals from a decision of a hearing officer of the Workers' Compensation Board, granting, in part, its petition for review, but without ordering any reduction in the University's ongoing liability to Carolyn Cust for her 60% partial incapacity caused by work-related injuries in 1984 and 1988. The University sought, in its petition for review, to reduce its liability for the 1988 injury because the employee had received 400 weeks of partial benefits for that injury. See 39 M.R.S.A. § 55-B (Pamph. 1988), repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. §§ 213, 214 (Pamph. 2000)). While granting the University's petition and acknowledging that it is no longer required to pay benefits for the 1988 injury, the hearing officer concluded that Cust is still entitled to unreduced benefits because of the continuing effects of both injuries. We disagree, vacate, and remand.
I.
The facts are not in dispute. Cust suffered two work-related injuries while employed by the University, a right arm injury in 1984 and a left arm injury in 1988. Pursuant to a previous decree, she was awarded 60% partial incapacity benefits based on the combined effect of the two injuries. In a subsequent decree, a hearing officer determined that she reached maximum medical improvement with respect to the 1988 injury on January 6, 1989.
In 1999, the University filed a petition to suspend compensation benefits for the 1988 injury. The hearing officer granted the petition, concluding that because the employee had received 400 weeks of partial benefits since the date of maximum medical improvement, the University was entitled to discontinue benefits for the 1988 injury pursuant to former section 55-B.
The hearing officer also found that the employee's incapacity attributable solely to her 1984 right arm injury is 25% of the ongoing 60% partial incapacity. The hearing officer also concluded, however, that, because the 400-week benefit limit had been reached for the 1988 injury, that injury must be treated as a subsequent nonwork injury for purposes of determining the University's continued liability for the 1984 injury. Based on the combination of the work and nonwork injuries, the hearing officer ordered the University to continue to pay 60% partial incapacity benefits. The hearing officer denied the University's motion for findings of fact and conclusions of law, and we granted the petition for appellate review pursuant to 39-A M.R.S.A. § 322 (Pamph. 2000).
II.
The University contends that the hearing officer erred in treating the 1988 work injury as a subsequent nonwork injury based on the fact that the 400-week limitation had been reached and the employer was no longer liable. We agree. At the time of her 1988 injury, Cust was an "employee" for purposes of the workers' compensation law, see 39 M.R.S.A. § 2(5) (1989), repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. § 102(11) (Pamph. 2000)), and her 1988 injury was an injury "arising out of and in the course of" employment, see 39 M.R.S.A. § 51(1) (1989), repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. § 201(1) (Pamph. 2000)), for which timely notice of injury was provided, see 39 M.R.S.A. § 63 (1989), repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. § 301 (Pamph. 2000)), and compensation paid, see 39 M.R.S.A. § 55-B (Pamph. 1988), repealed by P.L. 1991, ch. 885, § A-7. The 1988 injury was a "work injury" for purposes of workers' compensation liability. We see no basis for the hea
Page 1 2 3 4 Maine Employee Leasing Services
Employee Leasing Services
|