Opinion

Croteau-Robinson v. Merrill Trust/Fleet Bank

  • 669 A.2d 763
  • 1996 Me. LEXIS 18
Court
Supreme Judicial Court of Maine
Filed
Jan 17, 1996
Status
Published
Author
Glassman
On the bench
Wathen, Roberts, Glassman, Clifford, Rudman, Dana, Lipez
Cited by
1 cases
Authority
More cited than 8.9%

The opinion

GLASSMAN, Justice,

with whom WATHEN, Chief Justice, and ROBERTS, Justice, join, dissenting.

I respectfully dissent. The law of statutory construction is well established that “we examine other indicia of legislative intent, such as its legislative history, only when the plain language is ambiguous.” Berube v. Rust Engineering, 668 A.2d 876 , 877 (Me.1995) (citing Jordan v. Sears, Roebuck & Co., 651 A.2d 358, 360 (Me.1994)) (emphasis added). Furthermore, we have repeatedly stated that we will uphold the Commission’s interpretation of the Workers’ Compensation Act “unless the statute plainly compels a different result.” Id. (quoting Nielsen v. Burnham & Morrill, 600 A.2d 1111, 1112 (Me.1991)). In my opinion, the Court has failed to consider either of these principles.

The language of section 51(2) plainly applies to the facts of the instant case: The employer, Fleet Bank, sponsored a shuttle-bus “having as its sole purpose the mass transportation of employees to and from work_” 39 M.R.S.A. § 51(2). Nothing in the language of the statute requires either minimum travel distances or energy savings before such a program may qualify for statutory immunity. Nor does the statutory language suggest that “to and from work” requires that transportation be provided the entire distance from the employee’s home to place of work to fall within the purview of the statute. The Court’s interpretation imper-missibly imposes requirements not within the plain language of the statute. The Commission determined that section 51(2) is applicable to Fleet’s shuttle-bus program, and the statutory language does not “plainly corn-pelf ] a different result.” Berube, 668 A.2d at 875. Accordingly, I would affirm the decision of the Workers’ Compensation Commission.

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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