WILLIAM KETTLE (Employee)
v.
TOWN OF ENFIELD (Employer)
and
MAINE MUNICIPAL ASSOCIATION (Insurer)
WCB No. 16030433
No. 16030433C
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
January 26, 2021
Issuance Date: January 26, 2021
DOI:
12/07/2016
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:
http://www.courts.state.me.us/rules adminorders/rules/mr app
p amends 8-2-12.pdf).
Kevin
Noonan, Esq. McTeague Higbee, Et Al
Lindsey M. Sands, Esq. Norman, Hanson & DeTroy
RE:
William Kettle v. Town of Enfield Case#: 16030433C
DAVID
HIRTLE, ADMINISTRATIVE LAW JUDGE
Pending
before the Board is the Employee’s PETITION FOR AWARD
regarding an alleged work injury date of December 7, 2016. A
video hearing was held on November 10, 2020, at which the
parties submitted a joint medical stipulation, agreed to a
base average weekly wage of $665.52, and took testimony from
the following individuals: William Kettle, Charles Frazier,
and Linda Wakefield. The Employee submitted no exhibits. The
Employer submitted five proposed exhibits which were admitted
without objection as follows: ER 1 (Employee answers to
interrogatories dated November 8, 2019), ER 2 (Employer
answers to interrogatories with pictures dated January 6,
2019), ER 3 (joint scheduling memorandum filed January 22,
2020), ER 4 (joint scheduling memorandum contributions from
Employer dated February 5, 2020), ER 5 (unemployment benefit
information dated October, November, and December 2018).
Following the hearing, the Employer submitted exhibit ER 6
(handwritten first report of injury dated December 8, 2016)
and exhibit ER 7 (unemployment transcript) which are admitted
without objection received. The case thus became ready for
decision on December 11, 2020, with the submission of the
parties’ written arguments.
The
Employee seeks a finding that his severe low back condition
is causally related to an event at work on December 7, 2016,
when he was manipulating a heavy piece of snow plowing
equipment. Because of the effects of this injury, the
Employee seeks an award of total incapacity benefits from
April 25, 2018, to the present and continuing. The Employer
argues that the events of December 7, 2016, resulted in a
transient injury to Mr. Kettle’s thoracic spine and
that his low back condition became symptomatic months later
without a causal relationship to work.
FACTUAL
FINDINGS
1.
William Kettle is a 53-year-old resident of Lincoln who
completed the 10th grade and later earned a GED.
Mr. Kettle testified that at the age of 14 he entered the
work force...
