Russell v. Russell's Appliance Service2/12/2001
Reporter of Decisions
Argued: January 10, 2001
Majority:WATHEN, C.J., and CLIFFORD, RUDMAN, ALEXANDER, and CALKINS, JJ.
Concurring:DANA, and SAUFLEY, JJ.
The employee, Stephen W. Russell, appeals from a decision of a hearing officer of the Workers' Compensation Board denying his petition for review. Russell's employer, without seeking prior approval of the Board, discontinued Russell's workers' compensation benefits after paying 400 weeks of partial incapacity benefits. When Russell received a notice from the employer that his benefits would end in ten days, Russell sought review from the Board. The hearing officer held that Russell was entitled to a twenty-one day notice of discontinuation, and because the employer failed to provide such notice, Russell was entitled to an additional twenty-one days of benefits. The hearing officer denied Russell's request to continue the payment of benefits through the date of the hearing officer's decree. Because we conclude that the hearing officer applied the wrong statutory provision, we vacate the decision.
Russell suffered a workplace injury in 1988 while employed by Russell's Appliance Service. By a decision of April 29, 1991, the former Workers' Compensation Commission awarded Russell partial incapacity benefits pursuant to former 39 M.R.S.A. § 55-B (Pamph. 1988), amended by P.L. 1989, ch. 575, repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. §§ 213, 214 (Pamph. 2000)). By a later decision the former Commission determined that Russell reached maximum medical improvement of the 1988 injury on February 21, 1991. Pursuant to former section 55-B, this latter decision meant that Russell was entitled to receive a maximum of 400 weeks of benefits for the 1988 injury.
The employer sent a certified notice to the Board and to Russell, dated April 12, 1999, stating that the employer would discontinue the payment of benefits to Russell effective April 22, 1999. The employer had determined that as of that date Russell was no longer eligible for benefits because he had received benefits for more than 400 weeks. Russell then petitioned the Board for a review and claimed that the employer did not follow the statutory procedural requirements for discontinuing benefits. A hearing officer issued a provisional order on July 12, 1999, stating that Russell was entitled to twenty-one days' notice and directing the employer to pay Russell benefits for a period of twenty-one days following the April 12, 1999, notice.
Thereafter, the hearing officer held a hearing and issued a final order, dated November 15, 1999. The hearing officer found that the 400-week limitation on Russell's partial incapacity benefits had expired on April 22, 1999. The hearing officer determined that 39-A M.R.S.A. § 205(9)(B)(1) (Pamph. 2000) governed the discontinuance of Russell's benefits and concluded, therefore, that the employer was required to give Russell twenty-one days' notice of the discontinuance of benefits. The hearing officer further concluded that Russell was not entitled to any benefits beyond those specified in the provisional order, that is, twenty-one days of benefits after the April 12, 1999, notice of discontinuance.
The first issue raised by this appeal is whether the employer was entitled to discontinue Russell's benefits unilaterally, that is, without seeking an order from the Board allowing the discontinuance. The employer contends that former section 55-B, with its 400-week limitation, contains no procedural steps for discontinuance of benefits, and, when the limit is reached, an employer may stop an employee's benefits without going through any pr
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