RODNEY OUELLETTE (Employee)
v.
KUTCH CONSTRUCTION (Employer)
and
MAINE EMPLOYERS’ MUTUAL INSURANCE COMPANY (Insurer)
WCB No. 02012764
No. 02012764F
Maine Workers Compensation Decisions
State Of Maine Workers' Compensation Board
January 14, 2021
Issuance Date: January 14, 2021
(DOI:
09/27/2002)
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).
William Smith, Esq. Smith Law Office, Llc.
Travis
Rackliffe, Esq. Tucker Law Group.
RODNEY
OUELLETTE (Employee) v. KUTCH CONSTRUCTION (Employer) and
MAINE EMPLOYERS’ MUTUAL INSURANCE COMPANY (Insurer)
THOMAS
PELLETIER, ADMINISTRATIVE LAW JUDGE.
Pending
before the Workers’ Compensation Board are
employee’s Petition for Restoration filed March 09,
2017 and a Petition for Payment of Medical and Related
Services filed December 04, 2017. The petitions relate to a
09/27/2002 established work injury to the employee’s
lower back and has been the subject of two decrees in the
past. The employer no longer contests that spinal surgery on
employee’s lower back is causally related to the work
injury and compensable. I therefore grant employee’s
request to DISMISS the petition for
payment for medical and related services...
