Ryerson v. Pratt & Whitney Aircraft

495 A.2d 808, 1985 Me. LEXIS 770
CourtSupreme Judicial Court of Maine
DecidedJuly 12, 1985
StatusPublished
Cited by7 cases

This text of 495 A.2d 808 (Ryerson v. Pratt & Whitney Aircraft) 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
Ryerson v. Pratt & Whitney Aircraft, 495 A.2d 808, 1985 Me. LEXIS 770 (Me. 1985).

Opinion

McKUSICK, Chief Justice.

This case raises the novel question whether the Superior Court may enforce a Workers' Compensation Commission order awarding medical expenses to an employee during the period an appeal from that order is pending before the Appellate Division or the Law Court. We conclude that section 104-A of the Workers’ Compensation Act1 compels an affirmative answer.

On March 25, 1983, employee Linda M. Ryerson filed with the Workers’ Compensation Commission a petition for award of compensation. The hearing commissioner on February 3, 1984, granted her petition, based on a finding that she had sustained a back injury in the course of her employment with employer Pratt & Whitney Aircraft. On June 5, 1984, the commissioner made detailed findings of fact and conclusions of law. On the following day, June 6, Pratt & Whitney filed a notice of appeal to the Appellate Division of the Workers’ Compensation Commission.

On May 24,1984, employee Ryerson filed a motion to fix the amount to be allowed to her for medical expenses incurred in connection with her back injury. On December 6, 1984, the commissioner set that sum at $19,961.58 plus statutory interest. Pratt & Whitney also appealed that award to the Appellate Division. To date, the Appellate Division has heard argument on neither of the employer’s appeals.

When the employer refused to pay the medical expenses within 10 days after the commissioner’s order of December 6, 1984, fixed those expenses, Ryerson pursuant to section 103-E initiated an enforcement proceeding in the Superior Court (York County) by filing a certified copy of that medical payments order. The Superior Court under the mandate of section 103-E issued a pro forma decree awarding the employee $19,-961.58 for medical expenses plus interest, precisely in accordance with the commissioner’s order. Before this court, Pratt & Whitney challenges that pro forma decree on the sole ground that it is not required to pay medical expenses while its appeal on the merits of the award is pending in the Appellate Division.

I. Ripeness for Appeal from Superior Court

In this case, as was also true in Pomer-leau v. United Parcel Service, 455 A.2d 950 (Me.1983), the only question is one of the timing of enforcement by the Superior Court of a single commissioner’s order when an appeal from that order is pending before the Appellate Division of the Workers’ Compensation Commission. In Pomer-leau, the employer took an appeal to the Law Court from a Superior Court order, entered pursuant to section 104-A(2), that required the employer to pay a forfeiture of $1 for each day of its noncompliance with the underlying commissioner’s decision. Since in the case at bar, however, the Superior Court has so far rendered only the pro forma decree that section 103-E mandates be issued automatically whenever any interested party files a certified copy of a hearing commissioner’s order, the Superior Court here has not performed any judicial decisionmaking on the critical issue whether the time has arrived when coercive action may be taken to enforce that commission order. By section 103-E, the pro forma decree entered ministerially by the Superior Court was the mere start of the enforcement proceedings in this case, and did not involve the merits of the commission’s order. The enforcement process itself is as yet incomplete, employee Ryerson having still not activated available Superior [810]*810Court mechanisms for obtaining satisfaction under the pro forma decree. See §§ 103-E, 104-A(2). For that reason, in contradistinction to Pomerleau, this present appeal is technically premature. Cf. City of Augusta v. Town of Alna, 343 A.2d 9, 11 (Me.1975) (judgment leaving issue of damages unresolved not appealable).

Nonetheless, to dismiss the present appeal to await the Superior Court’s direction or refusal of a per diem forfeiture or other coercive action against the employer, would in the present circumstances violate principles of judicial economy and would serve only to delay the rendition of justice to the parties now before us. The question whether the medical payments order is enforceable during the pendency of the appeal to the Appellate Division is a pure question of law. The parties have fully briefed and argued that question before us. The heated controversy that exists between these parties over that question makes certain that sooner or later we will have to resolve it. Since we can at this time eliminate the substantial, unnecessary expenditure of the parties’ and the courts’ time and energy that would certainly follow a dismissal of this appeal, it is appropriate for us now to dispose finally of the legal question here presented.2 See State v. Maine State Employees Association,. 482 A.2d 461, 464-65 (Me.1984) (interests of judicial economy may justify an exception to the final judgment rule). Our entertaining appeals in the limited circumstances of this case or of Pomerleau does not represent any retreat from the principle declared in Wilner Wood Products Co. v. Moyse, 466 A.2d 1257 (Me.1983), that appeals from commission orders shall be exclusively to the Appellate Division. Pomerleau and this case do not involve the merits of commission orders, but rather concern only the question whether the Superior Court may proceed with enforcement of such an order under section 104-A, despite the pendency in the Appellate Division of an appeal on the merits of that order.

II. Time for Enforcement of Medical Expenses Award

Section 104-A of the Workers’ Compensation Act requires an employer to pay any “compensation” ordered by the commission within 10 days after the commission’s order, regardless of the pendency of an appeal by the employer to the Appellate Division or to the Law Court.3 The employer argues that the word “compensation” in section 104-A does not comprehend the medical payments that it has been ordered to pay under section 52, and that as a result it has no obligation to make pay[811]*811ments to the employee in the present case unless and until it has unsuccessfully exhausted its appellate remedies.

We considered and rejected a similar contention in Pomerleau v. United Parcel Service, 455 A.2d 950. The employer in that case took the position that section 104-A applied only to ongoing benefit payments accruing after the commission’s decree, and not to a sum certain awarded for pre-decree incapacity. We held there that there was no apparent legislative intent to treat pre-decree benefits any differently from post-decree benefits and that section 104-A, which in terms applies comprehensively to any and all “compensation,” should be construed in accordance with the ordinary meaning of its words. We went on to observe that, even if true, the proposition that some payments may not be needed as urgently as others does not provide a sufficient basis for disregarding the plain language of the statute.

The analysis of Pomerleau

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Cite This Page — Counsel Stack

Bluebook (online)
495 A.2d 808, 1985 Me. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryerson-v-pratt-whitney-aircraft-me-1985.