Terry v. St. Regis Paper Co.

459 A.2d 1106, 1983 Me. LEXIS 675
CourtSupreme Judicial Court of Maine
DecidedMay 12, 1983
StatusPublished
Cited by32 cases

This text of 459 A.2d 1106 (Terry v. St. Regis Paper Co.) 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
Terry v. St. Regis Paper Co., 459 A.2d 1106, 1983 Me. LEXIS 675 (Me. 1983).

Opinions

VIOLETTE, Justice.

Employee Peter A. Terry appeals from a judgment of the Appellate Division of the Workers’ Compensation Commission (Appellate Division) which reversed a decision of the Workers’ Compensation Commission. Terry contends that a 1981 legislative ceiling on maximum workers’ compensation benefits does not apply retroactively to pre-enactment injuries. Because we find that the Legislature did not intend the 1981 ceiling to apply retroactively, we reverse the Appellate Division.

I.

Terry, an employee of St. Regis Paper Company, sustained a compensable back injury on January 14, 1981 and began receiving benefits for total incapacity beginning the next day pursuant to an agreement approved by the Workers’ Compensation Commission. Terry’s benefit level was initially governed by P.L. 1975, ch. 493, codified at 39 M.R.S.A. § 54 (1978), which became effective October 1, 1975. That act raised the ceiling on workers’ compensation benefits from the state average weekly wage to 133yS% of the average wage on July 1,1977,166%% of the average wage on July 1,1979, and 200% of the average wage on July 1, 1981.

On June 22,1981, the Legislature enacted P.L.1981, ch. 483 (“the 1981 amendment”),1 codified at 39 M.R.S.A. § 54 (Supp.1982), as emergency legislation to amend 39 M.R.S.A. [1108]*1108§ 54 effective immediately. The new act was intended, according to the emergency preamble, to “negate” the increase in maximum benefits which was to occur nine days later. It capped the benefit level at 166%% of the state average weekly wage.

On July 1, 1981, St. Regis continued to pay Terry 166%% of the average weekly wage; Terry responded by filing a “Petition to Fix Benefit Level” at the 200% of average wage he anticipated under the earlier legislation. The Workers’ Compensation Commissioner, concluding that the Legislature did not intend the 1981 amendment to be retroactive, and that if it did, such retroactivity would be unconstitutional, granted Terry’s petition. St. Regis’s appeal to the Appellate Division was sustained in an opinion which held that the 1981 amendment was intended to be retroactive and could constitutionally be retroactively applied. On December 22,1982, we granted Terry’s Petition for Appellate Review.

II.

In granting Terry’s petition for review, we ordered that the following issues be prepared for argument: (1) whether application of the 1981 amendment to Terry would constitute retroactive application, (2) whether the Legislature intended the 1981 amendment to apply retroactively, and (3) whether retroactive application would satisfy the requirements of the Maine and United States Constitutions. Our conclusion, however, does not require that we reach the constitutional issues.

A. Retroactivity

We recently noted that a statute is considered retroactively applied “when applied so as to determine the legal significance of acts or events that occurred prior to its effective date .... ” Coates v. Maine Employment Security Commission, 406 A.2d 94, 96 (Me.1979) (quoting State Commission on Human Relations v. Amecon Division of Litton Systems, Inc., 278 Md. 120, 123, 360 A.2d 1, 3-4 (1976)).

In Coates, the plaintiff left work under a statute requiring her to wait thirteen weeks before collecting unemployment compensation. Prior to the date Coates expected to receive her benefits, the legislation was amended to, effectively, substantially extend her waiting period. We held there that application of the new statute to the plaintiff constituted retroactive application, as it altered the consequences of her having left work under the old statute.

Two workers’ compensation cases suggest the same conclusion in the instant case. In Reggep v. Lunder Shoe Products Co., 241 A.2d 802, 804 (Me.1968), we noted that a worker’s right to workers’ compensation becomes vested on the date of injury “and cannot be reduced or enlarged by legislation enacted subsequent to that date.” (citation omitted).

St. Regis contends that Reggep dealt only with statutory provisions “already in effect at the time of the injury” and that in the instant case the 200% ceiling was not yet “in effect.” Bernard v. Cives Corp., 395 A.2d 1141 (Me.1978), however, answers that objection. In Bernard, we held that workers injured after the ceiling escalation bill was enacted but prior to July 1, 1977, the date on which the first escalation (to 133!/3 %) was to occur, were “entitled to the benefit of each periodic escalation of the ceiling stated in the statute until their rates of compensation reach 200% of the statewide average weekly wage as computed July 1, 1981 .... ” Id. at 1144. We thus rejected the employer’s argument that the ceiling escalation statute prescribed separate effective dates for each escalation and ruled that the entire statute became effective as of October 1, 1975. Id. at 1147-48.

Application of the 1981 amendment’s 166%% benefit ceiling to persons who, like Terry, were injured prior to the amendment’s enactment would significantly alter the legal significance of their having been injured while the 1975 ceiling escalation statute was still in effect. Application of the 1981 amendment to Terry would therefore constitute retroactive application.

[1109]*1109B. Legislative Intent

In determining whether to apply the 1981 amendment retroactively to Terry, we are guided by “the fundamental rule of statutory construction strictly followed by this Court that all statutes will be considered to have a prospective operation only, unless the legislative intent to the contrary is clearly expressed or necessarily implied from the language used.” Coates, 406 A.2d at 97 (quoting Miller v. Fallon, 134 Me. 145, 148, 183 A. 416, 417 (1936)); Estate of Pope, 103 Me. 382, 384-85, 69 A. 616, 617 (1908); Hastings v. Lane, 15 Me. 134, 135 (1838); see Uniform Statutory Construction Act § 14, 14 U.L.A. 524 (1980); 73 Am. Jur.2d, Statutes §§ 350-51. That rule requires the Legislature to express its intent to apply a statute retroactively in “strong, clear and imperative language,” Barrett v. Herbert Engineering, Inc., 371 A.2d 633, 635 n. 1 (Me.1977); Langley v. Home Indemnity Co., 272 A.2d 740, 746-47 (Me. 1971); we will only imply a retroactive intent when the statute “would be inoperative other than retrospectively.” Casto v. Greer, 44 W.Va. 332, 334, 30 S.E. 100, 101 (1898), quoted in Miller, 134 Me. at 150, 183 A. at 418.

The 1981 amendment itself contains no express indication of legislative intent regarding possible retroactive application. Nor do we find any such expression necessarily implied in the amendment, as the amended statute is equally operative whether applied prospectively or retroactively, in terms of both internal consistency and actual effect.

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Bluebook (online)
459 A.2d 1106, 1983 Me. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-st-regis-paper-co-me-1983.