JAMES DUFOUR (Employee)
v.
LEEN CHASE LLC (Employer)
and
MEMIC (Insurer)
WCB File No. 20004468B
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
February 1, 2021
(DOI:
01/25/2020)
Within
25 days after issuing this decision, or 5 days after ruling
on a motion for further findings, whichever is later, the
hearing officer may request that the full Workers'
Compensation Board review this decision. See 39-A M.R.S.
§ 320.
Within
20 days after receiving this decision a party may file a
motion asking the Board to find further facts and make
further conclusions of law and file the appropriate decision
if it differs from the original decision; within 15 days
after filing the motion, the party shall file its proposed
findings of fact and conclusions of law pursuant to 29-A
M.R.S. §318 and 90 M.A.R, 351 Ch. 12, § 5.
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 Advisoiy Notes (available at
http://www.couits.state.me.us/rules/mr_app_p_amends_8-2-12.pdf).
Lisa
Cohen Lunn, Esq. Vafiades, Brountas & Kominsky, LLP
Elizabeth E. Griffin, Esq. MEMIC
RE:
James Dufour v. Leen Chase LLC /MEMIC
DAVID
J. HIRTLE, ADMINISTRATIVE LAW JUDGE
1.
Pending before the Board is James Dufour's Petition for
Award of Compensation, seeking lost time and medical benefits
related to a 1/25/20 date of injury. Mr. Dufour suffered a
stroke on that date, at home, and he alleges that it was
caused by work stress,
2. The
Employer/Insurer have disputed the compensability of Mr.
Dufour's claimed injury and have raised the affirmative
defense of a pre-existing condition pursuant to § 201(4)
of the Act. Prior to suffering a stroke, Mr. Dufour had a
history of hypertension, hyperlipidemia, mitral valve
replacement, diabetes, and renal transplant (with medication...
