Corson v. John Lucas Tree Experts, 011421 MEWC, 12-034570

Case DateJanuary 14, 2021
CourtMaine
RAYMOND E. CORSON (Employee)
v.
JOHN LUCAS TREE EXPERTS (Employer)
and
CANNON COCHRAN MANAGEMENT SERVICES INC. (Insurer)
WCB Nos. 12-034570, 18027151
No. 12-034570C
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
January 14, 2021
          Issuance Date: January 14, 2021           Date of Original Decree: September 11, 2020           DOI: 09/11/2012, 11/13/2018          Within 5 days after ruling on a motion for further findings, the administrative law judge may request that the full Workers' Compensation Board review this decision. See 39-A M.R.S. § 320.          Any party in interest may request an appeal to the Appellate Division by filing a notice of intent to appeal along with a copy of this decision with the clerk of the Appellate Division within 20 (twenty) days of receipt of this decision. See 39-A M.R.S. § 321-B and M.R.App.P. 23 and accompanying Advisory Note (available at: https://www.courts.maine.gov/rules adminorders/rules/text/mr app p plus 2019-04-25.pdf).           Benjamin E. DeTroy, Es Leary & DeTroy           James A. McCormack, Esq. Taylor, McCormack & Frame, LLC          RE: Raymond Corson v. John Lucas Tree Experts Case#: 12-034570C           EVELYN KNOPF, ADMINISTRATIVE LAW JUDGE          DECREE AMENDED PURSUANT TO MOTION FOR ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW          Pending before the Workers’ Compensation Board are a PETITION FOR REVIEW OF INCAPACITY and a PETITION FOR PAYMENT OF MEDICAL AND RELATED SERVICES involving a previously established left foot injury of September 11, 2012. Also pending are a PETITION FOR AWARD and a PETITION FOR PAYMENT OF MEDICAL AND RELATED EXPENSES involving a claimed bilateral foot injury of November 13, 2018. Raymond Corson, the employee, filed all of the pending petitions. A hearing was held on July 8, 2020. Mr. Corson is seeking total incapacity benefits from February 18, 2019 to the present and continuing with an offset for disability benefits. He is also seeking payment of medical expenses as provided in employee exhibits 2 and 2A for treatment by Drs. Lambke and Goodman. [1] The average weekly wage on the 2012 injury is $737.33, with fringe benefits of an additional $232.11; and the average weekly wage on the 2018 injury is $832.13, with fringe benefits of an additional $178.09.[2] In reaching a decision, I have considered employee exhibits 1 through 10 and employer exhibits 1 through 9 as well as the testimony of Mr. Corson and his wife, Karen Corson. Mr. Corson is represented by Attorney Ben DeTroy and Lucas Tree Expert/CMSI is represented by Attorney James McCormack.          The board issued an earlier decree on the 2012 injury on October 5, 2018. As part of that decision, the board awarded Mr. Corson protection of the Act for left heel plantar fasciitis, but denied Mr. Corson’s petition as to his right heel. Then, as now, the primary issue was causation. The board noted then that the cause of Mr. Corson’s foot problems was not straightforward. He had been seen by a number of providers and received a number of diagnoses.          Prior to his most recent testimony on July 8, 2020, Mr. Corson last testified before the board on April 30, 2018. According to Mr. Corson, approximately seven months after that testimony, his bilateral foot pain increased. According to the injury report Mr. Corson filled out on November 15, 2018, he attributed the increase in pain to walking rocky terrain in the snow for work. He treated at...

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