Ellis v. Lewiston School Department, 020521 MEWC, 17-01-28-07

Case DateFebruary 05, 2021
CourtMaine
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...

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