Opinion

Maine State Chamber of Commerce v. Workers' Compensation Bd.

Court
Superior Court of Maine
Filed
Aug 31, 2009
Status
Unpublished
On the bench
Joseph M. Jabar
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

KENNEBEC, ss. DOCKET NOS. CV-08-256

and CV-08-262

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I

MAINE STATE CHAMBER OF

COMMERCE AND WORKERS'

COMPENSATION COORDINATING

COUNCIL,

Plaintiffs

v.

WORKERS' COMPENSAnON

BOARD, STATE OF MAINE

Defendants

And DECISION AND ORDER

MAINE COUNCIL OF

SELF INSURERS

Plaintiff

v.

MAINE WORKERS' COMPENSAnON

BOARD

Defendant

Before the court is a consolidated motion for judgment on a stipulated

record by the Maine State Chamber of Commerce ("the Chamber"), the Workers'

Compensation Coordinating Council ("the Workers Compensation Council"),

and the Maine Council of Self Insurers. Plaintiffs seek judicial review, pursuant

to 5 M.R.S. § 8058, of a rule promulgated by the Maine Workers' Compensation

Board ("the Board").

39-A M.R.S. § 213 provides that the Board shall review workers'

compensation cases involving permanent injury and, every two years, calculate a

permanent impairment threshold such that 25% of all injured employees with a

permanent impairment ("PI") will exceed that threshold. § 213 further provides

that the Board shall do so through the use of an independent actuary utilizing

actuarially sound data and methodology. A worker whose PI rating exceeds the

resulting PI Threshold will be entitled to extended benefits.

Initially, the actuary retained by the Board made the determination that

the 2006 PI Threshold should be set at 12.5%. This determination was made

without inclusion of the cases reported to have 0% PI.

The Board then had two of its Hearing Officers review a subset of the 0%

cases that were not included in the actuary's calculus. Of the 611 files reviewed,

the Hearing Officers concluded that 343 lacked sufficient information to

accurately assign any PI rating, and of the 268 that had sufficient information,

183 had a PI rating of 0% and the remaining 85 were something more than 0%.

In light of this data, the Board recalculated its figures and ultimately set

the PI threshold at 11.8%. This calculation included not only the 85 cases that

were determined to have a PI rating of higher than 0%, but also the 183 cases

determined to have a PI rating of 0%.

Plaintiffs seek review of this determination, arguing, inter alia, that the

Board's decision was arbitrary and capricious due to the inclusion of workers

with 0% impairment.

Standard of Review

When an agency rule is challenged in a declaratory judgment action, the

standard of review is contained in 5 M.R.S. § 8058. If the rule is procedurally

sound, the court may review the rule substantively "to determine whether the

rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance

with the law." 5 M.R.S. § 8058(1), Conservation Law Foundation, Inc. v. Dept. of

Env. Protection, 2003 ME 62, <J[21, 823 A.2d 551, 559. Under a motion for judgment

on a stipulated record, the Court may determine any factual issues that arise

from the stipulated record, drawing any necessary inferences. Rufus Deering Co.

v. Spike, 2006 WL 295967, *1 (Me. Super., July 25, 2006) citing Boston Five Cents

Sav. Bank v. Dept of Housing, 768 F.2d 5, 11-12 (1st Cir. 1985).

Discussion

1. Timeliness

First, the Board argues that the plaintiffs' action should be dismissed as

untimely filed under 5 M.R.S. § 11002. However, the 40-day time limitation

contained in 5 M.R.S. § 11002 applies to challenges to an agency's adjudicatory

decision. When a plaintiff challenges a formal rule, the challenge is treated as a

declaratory judgment action. 5 M.R.S. § 8058. Accordingly, the statute of

limitations in such actions is six years from the date the cause of action accrues.

Bog Lake Co. v. Town of Northfield, 2008 ME 37, <J[ 7, 942 A.2d 700, 703.

A rule is defined as "the whole or any part of every regulation, standard,

code, statement of policy, or other agency statement of general applicability." 5

M.R.S. § 8002(9)(A). The PI Threshold was promulgated using formal

rulemaking procedures, and is an agency statement of general applicability,

setting a standard as required under 39-A M.R.S. § 213. Consequently, these

actions are timely as within the general six year statute of limitation for civil

actions.

II. Inclusion of 0% Permanent Impairment Cases

The issue is whether the Board's decision to set the 2006 PI Threshold at

11.8% was in accordance with law. 39-A M.R.S. § 213 states that "the board,

using an independent actuarial review based upon actuarially sound data and

methodology, must adjust the [permanent impairment threshold] so that 25% of

all cases with permanent impairment will be expected to exceed the threshold

and 75% of all cases with permanent impairment will be expected to be less than

the threshold."

Plaintiffs argue that that the Board's 2006 PI Threshold of 11.8% was

improper because the 0% cases used in the actuary's calculus did not have a

"permanent impairment" for purposes of § 213. As § 213 requires, the PI

Threshold is required to be calculated such that the top quartile of cases with

permanent impairment are above the threshold. Therefore, by including 0% cases

that do not have a permanent impairment, the PI Threshold is artificially

lowered.

The Board argues that the inclusion of the 0% cases was proper for avo

reasons. First, the Board argues that the actuary found their inclusion to be

reasonable. This reliance is misplaced, however, because the actuary was not in

a position to determine which 0% cases could properly be included in the

calculus. In other words, the actuary's role was to calculate a threshold using

data provided to him by the Board, not to determine which 0% cases reflect a

true "permanent impairment" as a matter of law.

Second, the Board argues that some of the 0% cases still show some

permanent injury; notwithstanding a 0% PI rating. This argument, however, is

discredited by the distinction between permanent injury and permanent

impairment.

A permanent impairment is defined under the Maine Workers'

Compensation Act of 1992 as "any anatomic or functional abnormality or loss

existing after the date of maximum medical improvement that results from the

injury." 39-A M.R.S. § 102(16). Pursuant to 39-A M.R.S. § 153(8)(A), the Board is

required to "establish by rule a schedule for determining the existence and degree

of permanent impairment based upon medically or scientifically demonstrable

findings ..." Accordingly, the Board promulgated Me. W.c.B. Rule, ch. 7, § 6,

which adopts the fourth edition of the American Medical Association Guides ("the

Guides") for that purpose. According to the Guides, it is possible for a person to

experience some permanent residual effects (i.e. permanent injuries) without

having any permanent impairment. See, e.g. Guides, 4th ed., DRE Lumbrosacral,

Category 1, at p. 102.

Consequently, the fact that some of the cases may involve some form of

permanent injury does not mean that all of the 0% cases involve permanent

impairment.

Remedy

When an agency's rule is invalidated as arbitrary and capricious pursuant

to 5 M.R.S. § 8058, the rule is set aside and declare invalid. Because § 8058 is, in

essence, a declaratory judgment action, an accompanying order to remand is

inappropriate procedurally. Accordingly, the court GRANTS plaintiffs' motion

for judgment on a stipulated record, and declares the Workers' Compensation

Board's 2006 PI Threshold invalid.

August lL 2009

MAINE STATE CHAMBER OF COMMERCE - PLAINTIFF SUPERIOR COURT

KENNEBEC, ss.

Attorney for: MAINE STATE CHAMBER OF COMMERCE Docket No AUGSC-CV-2008-00256

CATHERINE CONNORS - RETAINED 07/21/2008

PIERCE ATWOOD

ONE MONUMENT SQUARE DOCKET RECORD

PORTLAND ME 04101

WORKERS' COMPENSATION COORDINATING COUNCIL - PLAINTIFF

Attorney for: WORKERS' COMPENSATION COORDINATING COUNCIL

CATHERINE CONNORS - RETAINED 07/21/2008

PIERCE ATWOOD

ONE MONUMENT SQUARE

PORTLAND ME 04101

MAINE COUNCIL OF SELF-INSURERS - PLAINTIFF

Attorney for: MAINE COUNCIL OF SELF-INSURERS

KEVIN GILLIS - RETAINED 11/19/2008

TROUBH & HEISLER

511 CONGRESS ST

PO BOX 9711

PORTLAND ME 04104-5011

vs

MAINE WORKERS' COMPENSATION BOARD - DEFENDANT

Attorney for: MAINE WORKERS' COMPENSATION BOARD

JERROL CROUTER - RETAINED

DRUMMOND WOODSUM & MACMAHON

84 MARGINAL WAY SUITE 600

PORTLAND ME 04101

Attorney for: MAINE WORKERS' COMPENSATION BOARD

JOHN ROHDE - RETAINED

WORKERS COMPENSATION BOARD

27 STATE HOUSE STATION

AUGUSTA ME 04333-0027

MAINE AFL-CIO - DEFENDANT

Attorney for: MAINE AFL-CIO

JAMES CASE - RETAINED

MCTEAGUE HIGBEE CASE COHEN ET AL

FOUR UNION PARK

PO BOX 5000

TOPSHAM ME 04086-5000

Filing Document: COMPLAINT Minor Case Type: DECLARATORY JUDGMENT

Filing Date: 07/15/2008

Docket Events:

07/21/2008 FILING DOCUMENT - COMPLAINT FILED ON 07/15/2008

Page 1 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00256

DOCKET RECORD

07/21/2008 party(s): MAINE STATE CHAMBER OF COMMERCE

ATTORNEY - RETAINED ENTERED ON 07/21/2008

Plaintiff's Attorney: CATHERINE CONNORS

07/21/2008 party(s): WORKERS' COMPENSATION COORDINATING COUNCIL

ATTORNEY - RETAINED ENTERED ON 07/21/2008

Plaintiff's Attorney: CATHERINE CONNORS

07/21/2008 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 07/21/2008

Plaintiff's Attorney: CATHERINE CONNORS

MAILED TO ATTY. OF RECORD.

08/06/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 07/29/2008

ACCEPTED BY JOHN C. ROHDE, ESQ. FOR MAINE WORKERS' COMP BOARD

08/13/2008 party(s): MAINE STATE CHAMBER OF COMMERCE,MAINE WORKERS' COMPENSATION BOARD,WORKERS'

COMPENSATION COORDINATING COUNCIL

MOTION - MOTION FOR CONSOLIDATION FILED ON 08/11/2008

08/13/2008 Party(s): MAINE STATE CHAMBER OF COMMERCE,MAINE WORKERS' COMPENSATION BOARD,WORKERS'

COMPENSATION COORDINATING COUNCIL

MOTION - MOTION TO WAIVE ADR FILED ON 08/11/2008

08/15/2008 Party(s): MAINE STATE CHAMBER OF COMMERCE,MAINE WORKERS' COMPENSATION BOARD,WORKERS'

COMPENSATION COORDINATING COUNCIL

MOTION - MOTION FOR CONSOLIDATION GRANTED ON 08/14/2008

JOSEPH M JABAR , JUSTICE

COPIES TO PARTIES/COUNSEL

08/15/2008 Party(s): MAINE STATE CHAMBER OF COMMERCE,MAINE WORKERS' COMPENSATION BOARD,WORKERS'

COMPENSATION COORDINATING COUNCIL

MOTION - MOTION TO WAIVE ADR GRANTED ON 08/14/2008

JOSEPH M JABAR , JUSTICE

PARTIES NEED NOT ENGAGE IN ALTERNATIVE DISPUE RESOLUTION. COPIES TO

ATTYS. OF RECORD.

08/15/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

ATTORNEY - RETAINED ENTERED ON 08/11/2008

Defendant's Attorney: JERROL CROUTER

08/21/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

RESPONSIVE PLEADING - ANSWER FILED ON 08/19/2008

Defendant's Attorney: JERROL CROUTER

08/21/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

ATTORNEY - RETAINED ENTERED ON 08/19/2008

Defendant's Attorney: JOHN ROHDE

09/12/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

MOTION - OTHER MOTION FILED ON 09/12/2008

Defendant's Attorney: JERROL CROUTER

page· 2 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00256

DOCKET RECORD

ASSENTED TO MOTION TO FILE ADMINISTRATIVE RECORD AND BRIEFS UNDER SEAL WITH PROPOSED

ORDER.

09/12/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

RESPONSIVE PLEADING - RESPONSE FILED ON 09/12/2008

Defendant's Attorney: JERROL CROUTER

TO MOTION FOR CLARIFICATION.

09/15/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

MOTION - OTHER MOTION GRANTED ON 09/15/2008

JOSEPH M JABAR , JUSTICE

ASSENTED TO MOTION TO FILE ADMINISTRATIVE RECORD AND BRIEFS UNDER SEAL WITH PROPOSED

ORDER. COPIES MAILED TO ATTYS.

OF RECORD.

09/25/2008 Party(s): MAINE WORKERS' COMPENSATION BOARD

OTHER FILING - OTHER DOCUMENT FILED ON 09/24/2008

Defendant's Attorney: JOHN ROHDE

VOLUME I OF THE ADMINISTRATIVE RECORD (INDEX) AND VOLUME IX OF THE ADMINISTRATIVE RECORD

11/19/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 11/19/2008

JOSEPH M JABAR , JUSTICE

11/19/2008 Party(s): MAINE COUNCIL OF SELF-INSURERS

ATTORNEY - RETAINED ENTERED ON 11/19/2008

Plaintiff's Attorney: KEVIN GILLIS

11/19/2008 Party(s): MAINE COUNCIL OF SELF-INSURERS

MOTION - OTHER MOTION FILED ON 11/19/2008

Plaintiff's Attorney: KEVIN GILLIS

FOR STIPULATED RECORD AND MEMORANDUM IN SUPPORT OF MOTION.

12/23/2008 Party(s): MAINE AFL-CIO

ATTORNEY - RETAINED ENTERED ON 12/22/2008

Defendant's Attorney: JAMES CASE

12/23/2008 Party(s): MAINE AFL-CIO

RESPONSIVE PLEADING - RESPONSE FILED ON 12/22/2008

Defendant's Attorney: JAMES CASE

TO MOTIONS FOR JUDGMENT ON STIPULATED RECORD.

12/23/2008 Party(s): WORKERS' COMPENSATION COORDINATING COUNCIL

OTHER FILING - OPPOSING MEMORANDUM FILED ON 12/22/2008

Plaintiff's Attorney: JERROL CROUTER

TO MOTIONS FOR JUDGMENT ON STIPULATED RECORD.

01/05/2009 Party(s): MAINE COUNCIL OF SELF-INSURERS

OTHER FILING - REPLY MEMORANDUM FILED ON 01/05/2009

Plaintiff's Attorney: KEVIN GILLIS

01/14/2009 Party(s): WORKERS' COMPENSATION COORDINATING COUNCIL

OTHER FILING - OTHER DOCUMENT FILED ON 01/13/2009

Defendant's Attorney: JOHN ROHDE

page 3 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00256

DOCKET RECORD

SUPPLEMENT TO ADMININSTRATIVE RECORD.

02/27/2009 HEARING - OTHER MOTION SCHEDULED FOR 05/11/2009 @ 11:00 in Room No. 2

STIPULATED JUDGMENT

03/03/2009 HEARING - OTHER MOTION NOTICE SENT ON 04/03/2009

STIPULATED JUDGMENT

05/12/2009 HEARING - OTHER MOTION HELD ON 05/11/2009

JOSEPH M JABAR , JUSTICE

STIPULATED JUDGMENT ATTYS. PRESENT.

COURT TO TAKE MATTER UNDER ADVISEMENT.

05/12/2009 Party(s): MAINE COUNCIL OF SELF-INSURERS

MOTION - OTHER MOTION UNDER ADVISEMENT ON 05/11/2009

FOR STIPULATED RECORD AND MEMORANDUM IN SUPPORT OF MOTION.

05/15/2009 Party(s): MAINE STATE CHAMBER OF COMMERCE

LETTER - FROM PARTY FILED ON 05/15/2009

Plaintiff's Attorney: CATHERINE CONNORS

LETTER REGARDING DRAFT ORDERS.

09/02/2009 FINDING - JUDGMENT DETERMINATION ENTERED ON 08/31/2009

JOSEPH M JABAR , JUSTICE

ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO

PARTIES/COUNSEL

ORDER - STIPULATED JUDGMENT ENTERED ON 08/31/2009

JOSEPH M JABAR , JUSTICE

ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT, COPIES TO

PARTIES/COUNSEL

Judgment entered for MAINE STATE CHAMBER OF COMMERCE and against WORKERS' COMPENSATION

COORDINATING COUNCIL.

09/02/2009 FINDING - FINAL JUDGMENT CASE CLOSED ON 09/02/2009

09/02/2009 Party(s): MAINE COUNCIL OF SELF-INSURERS

MOTION - OTHER MOTION GRANTED ON 08/31/2009

JOSEPH M JABAR • JUSTICE

FOR STIPULATED RECORD AND MEMORANDUM IN SUPPORT OF MOTION.

A TRUE COpy

ATTEST:

Clerk

Page 4 of 4 Printed on: 09/02/2009

MAINE COUNCIL OF SELF INSURERS - PLAINTIFF SUPERIOR COURT

KENNEBEC, ss.

Attorney for: MAINE COUNCIL OF SELF INSURERS Docket No AUGSC-CV-200B-00262

KEVIN GILLIS - RETAINED 07/24/200B

TROUBH & HEISLER

511 CONGRESS ST DOCKET RECORD

PO BOX 9711

PORTLAND ME 04104-5011

MAINE STATE CHAMBER OF COMMERCE - PLAINTIFF

Attorney for: MAINE STATE CHAMBER OF COMMERCE

KATHARINE I RAND - RETAINED 08/11/2008

PIERCE ATWOOD

ONE MONUMENT SQUARE

PORTLAND ME 04101

vs

MAINE WORKERS COMPENDATION BOARD - DEFENDANT

27 STATE HOUSE STATION,

AUGUSTA ME 04333

Attorney for: MAINE WORKERS COMPENDATION BOARD

JERROL CROUTER - RETAINED

DRUMMOND WOODSUM & MACMAHON

84 MARGINAL WAY SUITE 600

PORTLAND ME 04101

Attorney for: MAINE WORKERS COMPENDATION BOARD

JOHN ROHDE - RETAINED

WORKERS COMPENSATION BOARD

27 STATE HOUSE STATION

AUGUSTA ME 04333-0027

Filing Document: COMPLAINT Minor Case Type: CONTRACT

Filing Date: 07/24/2008

Docket Events:

07/25/2008 FILING DOCUMENT - COMPLAINT FILED ON 07/24/2008

07/28/2008 party(s): MAINE COUNCIL OF SELF INSURERS

ATTORNEY - RETAINED ENTERED ON 07/24/2008

Plaintiff's Attorney: KEVIN GILLIS

07/28/2008 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 07/28/2008

08/13/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

MOTION - MOTION FOR CONSOLIDATION FILED ON 08/11/2008

WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING

08/13/2008 party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

MOTION - MOTION ALTER/AMEND ORDER/JUDG FILED ON 08/11/2008

WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING

08/13/2008 party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

Page 1 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00262

DOCKET RECORD

MOTION - MOTION TO WAIVE ADR FILED ON 08/11/2008

08/15/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

MOTION - MOTION FOR CONSOLIDATION GRANTED ON 08/14/2008

JOSEPH M JABAR , JUSTICE

COPIES TO PARTIES/COUNSEL

08/15/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

MOTION - MOTION ALTER/AMEND ORDER/JUDG GRANTED ON 08/14/2008

JOSEPH M JABAR , JUSTICE

COPIES TO PARTIES/COUNSEL

08/15/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE WORKERS COMPENDATION BOARD

MOTION - MOTION TO WAIVE ADR GRANTED ON 08/14/2008

JOSEPH M JABAR , JUSTICE

08/15/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

ATTORNEY - RETAINED ENTERED ON 08/11/2008

Defendant's Attorney: JERROL CROUTER

08/15/2008 Party(s): MAINE STATE CHAMBER OF COMMERCE

ATTORNEY - RETAINED ENTERED ON 08/11/2008

Plaintiff's Attorney: KATHARINE I RAND

08/21/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

RESPONSIVE PLEADING - ANSWER FILED ON 08/19/2008

Defendant's Attorney: JERROL CROUTER

08/21/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

ATTORNEY - RETAINED ENTERED ON 08/19/2008

Defendant's Attorney: JOHN ROHDE

09/12/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

MOTION - OTHER MOTION FILED ON 09/12/2008

Defendant's Attorney: JERROL CROUTER

ASSENTED TO MOTION TO FILE ADMINISTRATIVE RECORD AND BRIEFS UNDER SEAL WITH PROPOSED

ORDER.

09/12/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

RESPONSIVE PLEADING - RESPONSE FILED ON 09/12/2008

Defendant's Attorney: JERROL CROUTER

TO MOTION FOR CLARIFICATION

09/12/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/12/2008

JOSEPH M JABAR , JUSTICE

09/15/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

MOTION - MOTION FOR LEAVE FILED ON 09/15/2008

Plaintiff's Attorney: JAMES CASE

TO FILE AS AMICUS CURIAE AND INCORPORATED MEMORANDUM OF LAW WITH PROPOSED ORDER.

09/16/2008 OTHER FILING - OTHER DOCUMENT FILED ON 09/15/2008

Defendant's Attorney: JERROL CROUTER

Page 2 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00262

DOCKET RECORD

RECORD FILED. (SEALED) IN VAULT

09/23/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

NOTE - OTHER CASE NOTE ENTERED ON 09/23/2008

ATTY ROHDE'S COpy OF 9/15/08 ORDER RETURNED BY USPS. ADDRESS CHANGED. NOTIFIED ATTY ROHDE

TO CHANGE ADDRESS WITH AOC

09/24/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

LETTER - FROM PARTY FILED ON 09/24/2008

Plaintiff's Attorney: KATHARINE I RAND

NO OBJECTION TO MOTION FOR LEAVE.

09/25/2008 Party(s): MAINE WORKERS COMPENDATION BOARD

OTHER FILING - OTHER DOCUMENT FILED ON 09/24/2008

Defendant's Attorney: JOHN ROHDE

VOLUME I OF THE ADMINISTRATIVE RECORD (INDEX) AND VOLUME IX OF THE ADMINISTRATIVE RECORD

10/17/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

MOTION - MOTION FOR LEAVE GRANTED ON 10/17/2008

JOSEPH M JABAR , JUSTICE

THE DEADLINE SET FOR THE FILING OF THE DEFENDANT'S BRIEF AS SHALL BE INDICATED IN THE

BRIEFING SCHEDULE TO BE ISSUED BY THE COURT. COPIES MAILED TO ATTYS. OF

RECORD.

11/19/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

OTHER FILING - OTHER DOCUMENT FILED ON 11/19/2008

Plaintiff's Attorney: KATHARINE I RAND

MEDICAL RECORDS FILED IN VAULT.

11/19/2008 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

MOTION - OTHER MOTION FILED ON 11/19/2008

Plaintiff's Attorney: KATHARINE I RAND

MOTION FOR JUDGMENT ON STIPULATION RECORD AND INCORPORATED MEMORANDUM OF LAW

01/05/2009 Party(s): MAINE WORKERS COMPENDATION BOARD

OTHER FILING - REPLY MEMORANDUM FILED ON 01/02/2009

Defendant's Attorney: KATHARINE I RAND

IN SUPPORT OF MOTION FOR JUDGMENT ON STIPULATED RECORD.

02/27/2009 HEARING - OTHER MOTION SCHEDULED FOR 05/11/2009 @ 11:00 in Room No. 2

STIPULATED JUDGMENT

03/03/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/03/2009

STIPULATED JUDGMENT

05/12/2009 HEARING - OTHER MOTION HELD ON 05/11/2009

STIPULATED JUDGMENT ATTYS. OF

RECORD PRESENT. ORAL ARGUMENTS MADE TO THE COURT. COURT TO TAKE MATTER UNDER ADVISEMENT.

05/12/2009 Party(s): MAINE COUNCIL OF SELF INSURERS,MAINE STATE CHAMBER OF COMMERCE

MOTION - OTHER MOTION UNDER ADVISEMENT ON 05/11/2009

MOTION FOR JUDGMENT ON STIPULATION RECORD AND INCORPORATED MEMORANDUM OF LAW

Page 3 of 4 Printed on: 09/02/2009

AUGSC-CV-2008-00262

DOCKET RECORD

09/02/2009 FINDING - JUDGMENT DETERMINATION ENTERED ON 08/31/2009

JOSEPH M JABAR , JUSTICE

ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO

PARTIES/COUNSEL

ORDER - STIPULATED JUDGMENT ENTERED ON 08/31/2009

JOSEPH M JABAR , JUSTICE

ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO

PARTIES/COUNSEL

Judgment entered for MAINE COUNCIL OF SELF INSURERS and against MAINE WORKERS COMPENDATION

BOARD.

09/02/2009 FINDING - FINAL JUDGMENT CASE CLOSED ON 09/02/2009

A TRUE COpy

ATTEST:

Clerk

page 4 of 4 Printed on: 09/02/2009

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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