SHERRIE ELLIS (Employee)
v.
LEWISTON SCHOOL DEPARTMENT (Employer)
and
CCMSI (Insurer)
WCB No.17-01-28-07
No.17-01-28-07C
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
February 5, 2021
Issuance Date: February 5, 2021
(DOI:
06/09/17)
Within
25 days after issuing this decision, or 5 days after ruling
on a motion for further findings, whichever is later, the
administrative law judge 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 39-A
M.R.S. § 318 and 90 M.A.R. 351 Ch. 12, § 15.
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).
Paul
M. Boots, Esq. Law Office of Paul Boots
Lindsey M. Sands, Esq. Norman Hanson DeTroy
RE:
Sherrie Ellis v. Lewiston School Department
BRYAN
CHABOT, ADMINISTRATIVE LAW JUDGE
Pending
before the Workers’ Compensation Board is Lewiston
School Department/CCMSI’s PETITION FOR REVIEW OF
INCAPACITY related to a work-related injury which occurred on
June 19, 2017.
An
evidentiary hearing, via Zoom, was held on this matter on
December 4, 2020. Ms. Ellis was present and was represented
by Paul Boots, Esq. Lewiston School Department/CCMSI was
represented by Lindsey Sands, Esq. The Lewiston School
Department seeks to discontinue or reduce Ms. Ellis’s
incapacity benefits based upon work capacity and imputed
earnings.[1] Ms. Ellis testified and Employee
exhibit 1 (July 8, 2020, Letter from the Employer) and a
Joint Medical Records Stipulation were admitted into
evidence. Christopher Temple testified for the employer, and
Employer exhibit 1 (Labor Market Survey) was entered into
evidence. The parties stipulated to an average...