STEPHEN GRAY (Employee)
v.
GRIMMEL INDUSTRIES INC. (Employer)
and
MEMIC/TRAVELERS (Insurer)
WCB Nos. 13-030470, 15-000454
No. 13-030470B
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
February 19, 2021
Issuance Date: February 19, 2021
DOI:
10/01/13
DOI:
01/09/15
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).
Nathan
A. Jury, Esq. MacAdam Jury, P.A.
Dana
Gillespie Herzer, Esq. Maine Employers Mutual Ins. Co.
Nelson
J. Larkins, Esq. Preti Flaherty
RE:
Stephen Gray v. Grimmel Industries, Inc.
Bryan
Chabot, Administrative Law Judge
Pending
before the Workers’ Compensation Board are Grimmel
Industries/Traveler’s and Grimmel
Industries/MEMIC’s PETITION(S) FOR REVIEW OF INCAPACITY
related to work-related injuries which occurred on October 1,
2013 and January 9, 2015.
An
evidentiary hearing, via Zoom, was held on this matter on
January 15, 2021. Mr. Stephen Gray was present and was
represented by Nathan Jury, Esq. Grimmel
Industries/Traveler’s was represented by Nelson
Larkins, Esq on the October 1, 2013, date of injury. Grimmel
Industries/MEMIC was represented by Dana Herzer, Esq. on the
January 9, 2015, date of injury. The Employer and Insurers
seek to discontinue Mr. Gray’s incapacity benefits
based upon increased work capacity and a refusal of full-time
employment and/or imputed earnings. The Employee argues that
the Employer has not met their burden of proving a change of
circumstances. Mr. Gray testified and Employee exhibits 1
through 4 (1. Affidavit of Stephen Gray dated February 12,
2016, 2. Medical Bill Invoice, 3. Return to Work Plan, 4.
Hearing Transcript from March 29, 2017) were admitted into
evidence. Courtney Garrison and Jennifer Taupier testified
for the employer, and Employer/Traveler’s exhibits 1
through 3 (1. 12/31/20 Letter from Employer regarding job
offer, 2. Medical Records, 3. Labor Market Survey) were...
