David L. Scott Jr. v. Fraser Papers, Inc.
2013 ME 32
| Me. | 2013Background
- Scott suffered a May 23, 2003 crush injury to his left hand at Fraser’s Madawaska mill; incapacity benefits were paid May–Dec 2003.
- Finger was amputated on April 23, 2004; Fraser paid one additional week of total incapacity afterward.
- Scott and Fraser stipulated he is entitled to specific loss benefits for the amputation: 38 weeks, $19,243.96.
- Dispute centers on whether Fraser may offset incapacity benefits paid before the amputation ($13,880.92).
- Board awarded specific loss benefits and allowed the offset; Scott sought appellate review arguing no offset for pre-amputation incapacity.
- Court vacates the Board’s offset, remanding for an award of specific loss benefits not offset by pre-amputation incapacity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-amputation incapacity benefits may be offset against specific loss benefits. | Scott: no offset because entitlement to specific loss accrued only after amputation. | Fraser: offset allowed under statutory framework. | Offset not allowed for pre-amputation incapacity; specific loss accrues at amputation. |
Key Cases Cited
- Gibbs v. Fraser Paper, Ltd., 1997 ME 225, 703 A.2d 1256 (Me. 1997) (defines 'actual loss' as amputation)
- Boehm v. Am. Falcon Corp., 1999 ME 16, 726 A.2d 692 (Me. 1999) (specific loss benefits may be offset by incapacity benefits when concurrent)
- Mitton v. Verizon, 2012 ME 41, 38 A.3d 1285 (Me. 2012) (coordination rules for specific loss benefits after first period)
- Tracy v. Hershey Creamery Co., 1998 ME 247, 720 A.2d 579 (Me. 1998) (treatment of treatment endpoints for vision loss in specific loss context)
- Graves v. Brockway-Smith Co., 2012 ME 128, 55 A.3d 456 (Me. 2012) (statutory interpretation approach and deference to Board interpretations)