Opinion

Flickinger v. Oakhurst Dairy

  • 899 A.2d 784
  • 2006 ME 69
  • 2006 Me. LEXIS 77
Court
Supreme Judicial Court of Maine
Filed
Jun 15, 2006
Status
Published
Author
Saufley
On the bench
Alexander, Calkins, Clifford, Dana, Levy, Saufley, Silver
Cited by
0 cases

The opinion

SAUFLEY, C.J.,

concurring.

[¶ 9] I concur in the Court’s conclusion that the “fault” language of 39-A M.R.S. § 214 (2005) does not apply to 39-A M.R.S. § 212 (2005) determinations. I also concur in the court’s determination that the hearing officer did not err in awarding short-term total incapacity bene *787 fits here, where the employee was injured before his bad behavior and where the record supports the hearing officer’s determination that the employee could not work at all during a four-month period.

[¶ 10] I write separately to note that, in this area of law created entirely by legislative action, issues related to termination for fault generate substantial confusion and litigation. Employees and employers alike would be well-served by legislative action clarifying the ramifications, if any, of an employee’s termination caused by his or her own fault.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.