Young v. Central Maine Power Co.

2003 ME 10, 814 A.2d 998, 2003 Me. LEXIS 4
CourtSupreme Judicial Court of Maine
DecidedJanuary 23, 2003
StatusPublished

This text of 2003 ME 10 (Young v. Central Maine Power 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
Young v. Central Maine Power Co., 2003 ME 10, 814 A.2d 998, 2003 Me. LEXIS 4 (Me. 2003).

Opinion

DANA, J.

[¶ 1] The employer, Central Maine Power Co. (CMP), appeals from a decision of a hearing officer of the Workers’ Compensation Board, denying the employer’s petition for review seeking a prospective order permitting CMP to terminate benefits after the payment of 400 weeks of partial incapacity benefits pursuant to 39 M.R.S.A. § 55-B (1989), repealed and replaced by P.L.1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. §§ 213, 214 (2001 & Supp.2002)). The hearing officer [999]*999denied the petition, concluding that the issue of an employer’s ability to terminate benefits pursuant to the 400-week limitation is not ripe until the 400-week tenni-nation date has been reached. We disagree and vacate the decision.

I. BACKGROUND

[¶ 2] The parties have stipulated to the essential facts. The employee, Michael L. Young, suffered a work-related injury on November 10, 1989 while employed at CMP, and returned to work after the injury, earning less than his pre-injury wage. CMP paid partial incapacity benefits pursuant to a 1991 decree. In a later decree, a hearing officer found that Young’s date of maximum medical improvement was August 27,1994.

[¶ 3] CMP filed a petition for review of incapacity in June 2001, seeking a determination that Young’s benefits will expire on May 6, 2002 pursuant to the 400-weeks limitation for partial incapacity benefits for Young’s date of injury. See 39 M.R.S.A. § 55-B (1989), repealed and replaced by P.L.1991, ch. 885, §§ A-7, A-8 (codified at 39-A M.R.S.A. §§ 213, 214 (2001 & Supp. 2002)). The parties agreed to forego a hearing on the factual issues, stipulating that “[t]he sole issue to be decided by the Board concerns whether the Employer is entitled to a finding, prospectively, that the Employee’s benefits will end on May 6, 2002 as the result of the running of the 400 weeks, pursuant to a Petition for Review prior to the actual date that the benefits have run.” In connection with this proceeding, Young stipulated that: (1) on February 5, 2002 (the date of the stipulation), he was partially incapacitated; (2) the date of maximum medical improvement was August 24, 1994; and (3) “barring any change in circumstances between now and May, 2002, the Employee will have received 400 weeks of partial incapacity benefits subsequent to maximum medical improvement, on May 6, 2002.”

[¶ 4] On March 13, 2002 the hearing officer denied the petition, concluding that it would be inappropriate to order prospective relief, because the employee’s situation may change prior to the actual expiration of 400 weeks. The hearing officer stated, “the matter is not really ripe for a final adjudication on the merits because all of the necessary predicates for benefit termination have yet to occur.”1

[¶ 5] The hearing officer also stated that “if the underlying facts remain stable, the employer can in the near future file a ... petition [to terminate benefits] along with a Request for an Expedited Proceeding.” The hearing officer suggested further that, in the event that the employer filed a new petition, “[i]t would appear that the requested relief could be granted (assuming all of the underlying facts remain the same) in a fairly expeditious manner, thereby limiting the employer’s exposure beyond the 400-week period.”

[¶ 6] Two days after the date of the decree, CMP filed a second petition for review with the Board and requested an expedited hearing. On May 13, 2002, the parties again stipulated to the essential facts, and this time, the employee conceded that the 400 weeks had run. On May 15, 2002, the hearing officer signed a stipulated decree permitting CMP to ter[1000]*1000minate benefits on that date pursuant to the 400-weeks limitation.2

[¶ 7] We granted CMP’s petition for appellate review pursuant to 39-A M.R.S.A. § 322 (2001).

II. DISCUSSION

A. Mootness

[¶ 8] Young contends that the appeal is moot because, after CMP filed its petition for appellate review, CMP filed for and obtained an order from the hearing officer in a separate proceeding permitting it to terminate benefits pursuant to the 400-week rule. CMP urges us to decide the appeal pursuant to the exceptions to the mootness doctrine. We have' recognized an exception to the mootness doctrine in three situations:

(1) Sufficient collateral consequences will result from the determination of the questions presented so as to justify relief;
(2) the appeal contains questions of great public concern that, in the interest of providing future guidance to the bar and the public we may address; ■ or •
(3) the issues are capable of repetition but evade review because of their fleeting or determinate nature.

Lewiston Daily Sun v. Sch. Admin. Dist. No. 43, 1999 ME 143, ¶ 17, 738 A.2d 1239, 1243 (quoting Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1380 (Me.1996)).

[¶ 9] We agree with CMP that the appeal raises issues of great public concern, particularly to the workers’ compensation bar. Moreover, the nature of the issue is such that it would be difficult for a party ever to get this issue before us without running into mootness problems. An employer or insurer seeking to reduce liability that is denied the opportunity to obtain a prospective order, is likely to obtain an order to terminate benefits shortly after the expiration of the. 400-week time limitation, as CMP has done, but while its petition for appellate review from the denial of its prospective order is still pending before us. ...

[¶ 10] Concluding that CMP’s appeal falls within several exceptions to the mootness doctrine, we now address the merits.

B. The Merits

[¶ 11] At the time of Young’s injury, former section 55-B provided, in pertinent part:

While the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compensation equal to 2/3 the difference, due to the injury, between his average gross weekly wages, earning or salary before the injury and the weekly wages, earnings or salary which he is able to earn after the injury, but not more than the maximum benefit under section 53-B. Payments under this section shall not continue for longer than 100 weeks after maximum medical improvement.

39 M.R.S.A. § 55-B (1989), amended by P.L. 1991, ch. 615, § D-7, repealed by P.L.1991, ch. 885, § A-7 (emphasis added).

[¶ 12] Subsection 205(9) provides the procedure for the termination of benefits and provides, in pertinent part:

9. Discontinuance or reduction of payments. The employer, insurer or group self-insurer may discontinue or [1001]*1001reduce benefits according to this subsection.
A. If the employee has returned to work with or has received an increase in pay from an employer that is paying compensation under this Act, that employer or that employer’s insurer or group self-insurer may discontinue or reduce payments to the employee.
B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Halfway House, Inc. v. City of Portland
670 A.2d 1377 (Supreme Judicial Court of Maine, 1996)
Bureau v. Staffing Network, Inc.
678 A.2d 583 (Supreme Judicial Court of Maine, 1996)
Williams v. E.S. Boulos Co.
2000 ME 40 (Supreme Judicial Court of Maine, 2000)
Cust v. University of Maine
2001 ME 29 (Supreme Judicial Court of Maine, 2001)
Russell v. RUSSELL'S APPLIANCE SERVICE
2001 ME 32 (Supreme Judicial Court of Maine, 2001)
Toothaker v. Lauri, Inc.
631 A.2d 1241 (Supreme Judicial Court of Maine, 1993)
Lewiston Daily Sun v. School Administrative District No. 43
1999 ME 143 (Supreme Judicial Court of Maine, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
2003 ME 10, 814 A.2d 998, 2003 Me. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-central-maine-power-co-me-2003.