LAWRENCE BERUBE (Appellee)
v.
TWIN RIVERS PAPER COMPANY, LLC (Appellant)
and
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Appellant)
Decision No. 20-4
App. Div. No. 18-0053
Maine Workers Compensation Decisions
State of Maine Workers’ Compensation Board
January 15, 2021
Argued: June 12, 2019.
Attorneys for Appellant: Anne-Marie Storey, Esq., John Hamer,
Esq., RUDMAN WINCHELL.
Attorney for Appellee: Jon S. Oxman, Esq., LINNELL, CHOATE
& WEBBER.
PANEL
MEMBERS: Administrative Law Judges Elwin, Collier, and
Stovall.
Elwin,
Administrative Law Judge.
[¶1]
Twin Rivers appeals from a decision of a Workers’
Compensation Board administrative law judge (Hirtle,
ALJ) denying its Petition for Review of Decision of the
Supplemental Benefits Fund, pursuant to 39-A M.R.S.A. §
355-C(3) (Pamph. 2020). We affirm the decision.
I.
BACKGROUND
[¶2]
Lawrence Berube injured his back on September 15, 1993, while
working for Fraser Paper Company, predecessor to Twin Rivers
Paper Company. After Mr. Berube’s employment was
terminated in 1996, Fraser paid him total incapacity
benefits.
[¶3]
The board approved a consent decree on December 7, 1998,
finding that Mr. Berube had experienced 14% permanent
impairment due to the 1993 work injury, and 10% permanent
impairment due to an earlier work-related low back injury.
The consent decree ordered that “… reimbursement
to [Fraser] for the payment of all benefits payable in excess
of 260 weeks of compensation under 39-A M.R.S.A.
§213(3), must be paid from the Employment Rehabilitation
Fund….” This payment source, known as the
Supplemental Benefits Fund (SBF), see 39-A M.R.S.A.
§ 355-A (Pamph. 2020), was not a party to the consent
decree and was not given prior notice of the petition that
resulted in the finding of 14% whole person permanent
impairment.
[¶4]
The board issued a decision on September 15, 2006, granting
Fraser’s petition for review, finding that Mr. Berube
had retained partial work capacity and reducing his benefits
based on an imputed earning capacity of $320.00 per week.
[¶5]
By letter dated November 13, 2006, Fraser’s claims
management administrator, Sedgwick CMS, asked SBF for
reimbursement of benefits paid to Mr. Berube, pursuant to
39-A M.R.S.A. § 213(3) (Supp. 2020). SBF...
