KEVIN RAMSEY (Appellee)
v.
SHAW’S SUPERMARKETS, INC. (Appellant)
And
SEDGWICK CLAIMS MANAGEMENT SERVICES (Administrator)
Decision No. 21-16
No. A.D. 19-0020
Maine Workers Compensation Decisions
State of Maine Workers’ Compensation Board
April 21, 2021
Conference held: December 5, 2019
Attorney for Appellant: Katlyn M. Davidson, Esq. NORMAN,
HANSON & DeTROY
Attorney for Appellee: Christopher J. Cotnoir, Esq.
PANEL
MEMBERS: Administrative Law Judges Hirtle, Knopf, and
Pelletier BY: Administrative Law Judge Hirtle
Hirtle, Administrative Law Judge
[¶1]
Shaw’s Supermarkets appeals from a decision of a
Workers’ Compensation Board administrative law judge
(Goodnough, ALJ) granting Kevin Ramsey’s Petitions for
Award and for Payment of Medical and Related Services
regarding an August 22, 2017, injury. The ALJ awarded
protection of the Act for a gradual bilateral knee injury
after determining that Mr. Ramsey had complied with the
notice requirements of 39-A M.R.S.A. §§ 301 and 302
(Pamph. 2020). Shaw’s contends that this constitutes
reversible error because the record contains no competent
evidence to meet Mr. Ramsey’s burden of proof of a
mistake of fact that would extend the 30-day notice
period.[1] We agree and vacate the decision.
I.
BACKGROUND
[¶2]
Kevin Ramsey was a long-term employee of Shaw’s
Supermarkets. His job duties mainly involved stocking
shelves, which required frequent bending and kneeling. During
the five years leading up to his injury, Mr. Ramsey worked as
a grocery manager but still spent a significant portion of
his workday stocking shelves. Over the years, he experienced
pain in both knees that worsened progressively.
[¶3]
On August 22, 2017, Mr. Ramsey saw his primary care
physician, at which time Mr. Ramsey questioned whether his
work had caused his knee symptoms. The primary care physician
did not issue a causation opinion responsive to that question
until December 1, 2017. On November 3, 2017, Mr. Ramsey was
seen by Shaw’s chosen medical provider, who assessed
his bilateral knee condition as work related. Mr. Ramsey
notified Shaw’s of his injury on November 3, 2017.
[¶4]
In April 2018, Mr. Ramsey filed petitions seeking
workers’ compensation benefits related to his bilateral...
