Many employers in Maine and across the country engage in the practice of misclassifying employees as independent contractors. Misclassification is sometimes called “1099’ing” because of the 1099 tax form independent contractors receive instead of a W-2 form. While misclassification is illegal, it can save employers as much as 30% in…
In Michaud v. Fraser Paper Limited, the Maine Workers’ Compensation Board ruled that a 66 year-old mill worker with Reactive Airway Disease from workplace chemical exposure was ineligible for workers’ compensation benefits because he accepted an early retirement package that was offered by the mill, despite the fact that his…
In Johnson v. True North Salmon, the Maine Workers’ Compensation Board emphasized the importance of performing a good faith work search when seeking 100% partial incapacity benefits under Section 213. A 50 year-old laborer in a fish processing plant, Johnson suffered a repetitive stress injury to his elbow from “pin…
Matthew Doucette, a 29 year-old Sysco warehouse worker, injured his back in April 2004. He was on light duty for two weeks but lost no earnings as a result of the injury. Sysco terminated his employment for reasons unrelated to his injury in May 2004 and Doucette had no further…