Brown v. Cianbro Corp.

Supreme Judicial Court of Maine

Brown v. Cianbro Corp.

427 A.2d 486, 1981 Me. LEXIS 763

DecidedMarch 26, 1981

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This text of 427 A.2d 486 (Brown v. Cianbro Corp.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Cianbro Corp., 427 A.2d 486, 1981 Me. LEXIS 763 (Me. 1981).

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Opinion

MEMORANDUM OF DECISION

In November 1977, Floyd Brown entered into an approved agreement wherein his employer, Cianbro Corporation, agreed to pay for total incapacity resulting from an injury sustained in October 1977. In April 1980, upon Cianbro’s petition for review of incapacity, the Workers’ Compensation Commission reduced compensation on the basis that Brown was then “65% partially disabled” and that he “did not engage in a good faith work search.” The record reveals no evidence that Brown’s incapacity for remunerative work had diminished since November 1977 as a result of either 1) an improvement in his physical condition as established by comparative medical evidence or 2) an improvement in the availability of remunerative work within his reduced physical ability. Cianbro thus has failed to meet its initial burden, Brown need not have produced evidence of a work search, and the petition ought to have been denied. Haney v. Lane Construction Corp., Me., 422 A.2d 1292 (1980); Ibbitson v. Sheridan Corp., Me., 422 A.2d 1005 (1980); Hafford v. Kelly, Me., 421 A.2d 51 (1980).

The entry is:

Judgment vacated.

It is ordered that employee Brown be restored to compensation for total incapacity pursuant to the compensation agreement executed November 13, 1977.

It is further ordered that the employer pay to the employee $550.00 for his counsel fees plus his actual and reasonable out-of-pocket expenses of this appeal.

AH concurring.

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MEMORANDUM OF DECISION

In November 1977, Floyd Brown entered into an approved agreement wherein his employer, Cianbro Corporation, agreed to pay for total incapacity resulting from an injury sustained in October 1977. In April 1980, upon Cianbro’s petition for review of incapacity, the Workers’ Compensation Commission reduced compensation on the basis that Brown was then “65% partially disabled” and that he “did not engage in a good faith work search.” The record reveals no evidence that Brown’s incapacity for remunerative work had diminished since November 1977 as a result of either 1) an improvement in his physical condition as established by comparative medical evidence or 2) an improvement in the availability of remunerative work within his reduced physical ability. Cianbro thus has failed to meet its initial burden, Brown need not have produced evidence of a work search, and the petition ought to have been denied. Haney v. Lane Construction Corp., Me., 422 A.2d 1292 (1980); Ibbitson v. Sheridan Corp., Me., 422 A.2d 1005 (1980); Hafford v. Kelly, Me., 421 A.2d 51 (1980).

The entry is:

Judgment vacated.

It is ordered that employee Brown be restored to compensation for total incapacity pursuant to the compensation agreement executed November 13, 1977.

It is further ordered that the employer pay to the employee $550.00 for his counsel fees plus his actual and reasonable out-of-pocket expenses of this appeal.

AH concurring.

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427 A.2d 486, 1981 Me. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-cianbro-corp-me-1981.

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