# Flickinger v. Oakhurst Dairy

> Supreme Judicial Court of Maine · June 15, 2006 · 899 A.2d 784

URL: https://www.frixlaw.com/law-library/cases/4962462

## Case

- **Full name:** Robert FLICKINGER v. OAKHURST DAIRY
- **Court:** Supreme Judicial Court of Maine
- **Decided:** June 15, 2006
- **Citations:** 899 A.2d 784; 2006 ME 69; 2006 Me. LEXIS 77
- **Precedential status:** Published
- **Opinion:** Concurrence by Saufley
- **Judges:** Alexander, Calkins, Clifford, Dana, Levy, Saufley, Silver
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4962462

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4962462. Public record. Not legal advice.