 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
DERICE v. S.D. WARREN CO.4/29/1997
[ 1] The employers in this consolidated case appeal from decisions of the Workers' Compensation Board granting the employees' motions for attorney fees. Both cases involve an injury that occurred before 1993. In both cases, petitions for relief were
[ 2] Under prior law, employers were generally responsible for the cost of counsel for an employee. Title 39-A does not require employers to pay employee's counsel fees in connection with injuries occurring after January 1, 1993. 39-A M.R.S.A. § 325(1) (Supp. 1996). With respect to injuries occurring before that date, subsection 325(5) provides as follows:
In cases in which the injury to the employee occurred prior to
January 1, 1993, the amount of the attorney's fees is
determined by the law in effect at the date of the injury and
is payable by the employer. If the employee attended a
mediation pursuant to section 313 after January 1, 1993 and was
represented by an attorney, the attorney's fees may include
compensation from the date of the mediation session.
39-A M.R.S.A. § 325(5).
[ 3] The statement of legislative intent for title 39-A provides that " o as not to alter benefits for injuries incurred before January 1, 1993, for matters in which the injury occurred prior to that date, all the provisions of this Act apply, except that . . . Title 39-A, sections 211, 212, 213, 214, 215, 221, 306, and 325 do not apply." P.L. 1991, ch. 885, § A-10. Section 325 is expressly listed as prospective in application and therefore does not apply retroactively to either employee's date of injury. Dumond v. Aroostook Van Lines, 670 A.2d 939, 941 n. 1 (Me. 1996); Marchand v. Eastern Welding Co., 641 A.2d 190, 191, n. 1 (Me. 1994). The parties agree that the employees' entitlement to attorney's fees is governed by former 39 M.R.S.A. § 110, that provides, in pertinent part:
The employer may not be assessed costs of an attorney's fee
attributable to services rendered prior to one week after the
informal conference under section 94-B or, if the informal
conference is waived, services rendered prior to the date of
that waiver, unless a party adverse to the employee was so
represented at that stage.
39 M.R.S.A. § 110 (1989), repealed by Maine The former informal conference procedure was repealed by title 39-A and replaced with mandatory mediation. 39-A M.R.S.A. § 313 (Supp. 1996).
[ 4] Applying former section 110, the Board concluded that because mediation replaced the former informal conference, and because the employers were represented by counsel at the mediations, the employers are required to pay fees for the period prior to mediation. The Board, in effect, substituted the word "mediation" for the phrase "informal conference" as it appears in section 110. The employers contend that the Board's interpretation is inconsistent with the plain meaning of the statute and that the terms "mediation" and "informal conference" are sufficiently distinct, in name, purpose, and practice, to preclude the Board's transposition of the phrases in the statute. The employers contend further that the proviso in subsection 325(5) that, in cases involving pre-1993
[ 5] We give deference to decisions of the Board interpreting the Act and we will not vacate that decision unless the language or the purpose of the Act plainly compels us to do so. Burbank v. H.D. Goodall Hosp., 656 A.2d 1209, 1211 (Me. 1995); Nielsen v. Burnham & Morrill, Inc., 600 A.2d 1111, 1112 (Me. 1991). We conclude that the Board's interpretation of the statutory language in this case is most consistent with the legislative intent not to alter the entitlement to attorney fees for employees wit
Page 1 2 Maine Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|