168 A.3d 762
Me.2017Background
- Michael F. Bailey, a Lewiston firefighter injured in 2001, was diagnosed with RADS and received partial incapacity benefits beginning in 2004.
- In 2007 a hearing officer found Bailey had reached maximum medical improvement (MMI) and a 32% permanent impairment, making him eligible for uncapped benefits; the City did not appeal that decree.
- In 2013 the City petitioned to redetermine permanent impairment, submitting an updated exam showing 0% impairment.
- The hearing officer granted the City’s petition, finding a change in circumstances and reducing Bailey’s permanent impairment to 0%, terminating further benefits.
- The Workers’ Compensation Board Appellate Division unanimously vacated that decree, holding the 2007 MMI/permanent‑impairment determination was final and barred by res judicata; the Supreme Judicial Court affirmed.
Issues
| Issue | Bailey's Argument | City of Lewiston's Argument | Held |
|---|---|---|---|
| Whether res judicata bars relitigation of a previously established permanent‑impairment/MMI finding | Res judicata and statute bar relitigation of a final permanent‑impairment/MMI determination | Res judicata should not bar the City from seeking to reduce permanent impairment after new medical evidence | Res judicata bars relitigation; Appellate Division affirmed |
| Whether a "changed circumstances" showing permits reopening a prior permanent‑impairment/MMI finding | The statute and precedent preclude applying changed‑circumstances to permanent‑impairment/MMI | City argued new medical evidence showed changed circumstances justifying redetermination | Changed‑circumstances analysis does not apply to permanent‑impairment/MMI findings; cannot reopen |
Key Cases Cited
- Standish Tel. Co. v. Saco River Tel. & Tel. Co., 555 A.2d 478 (Me. 1989) (unappealed valid judgments become res judicata)
- Grubb v. S.D. Warren Co., 837 A.2d 117 (Me. 2003) (Board decisions subject to res judicata and issue preclusion)
- Guarantee Fund Management Servs. v. Workers' Comp. Bd., 678 A.2d 578 (Me. 1996) (absent statutory authority, Board may not reopen final decisions)
- Hird v. Bath Iron Works Corp., 512 A.2d 1035 (Me. 1986) (commission exceeded authority without statutory basis)
- McIntyre v. Great N. Paper, Inc., 743 A.2d 744 (Me. 2000) (changed‑circumstances test for recalculating benefits)
- Folsom v. New England Tel. & Tel. Co., 606 A.2d 1035 (Me. 1992) (petition for review of incapacity uses changed‑circumstances framework)
- Dunphe v. O'Connor, 697 A.2d 421 (Me. 1997) (legislative desire for speedy, summary disposition of workers' compensation cases)