SUZAN SAMUEL (Appellee)
v.
MERCY HOSPITAL (Appellant)
and
CROSS INSURANCE, TPA, INC. (Administrator)
and
ESIS (Insurer)
Decision No. 21-7
No. A.D. 18-0003
Maine Workers Compensation Decisions
State of Maine Workers’ Compensation Board
February 24, 2021
Argued: December 13, 2018
Attorney for Appellant: Thomas E. Getchell, Esq. TROUBH
HEISLER
Attorneys for Appellee: Shawn P. Walsh, Esq. Workers’
Compensation Board Advocate Division, Allan M. Muir, Esq.
PIERCE ATWOOD
PANEL
MEMBERS: Administrative Law Judges Pelletier, Hirtle, and
Stovall
Hirtle, Administrative Law Judge.
[¶1]
Mercy Hospital appeals from a decision of a Workers’
Compensation Board administrative law judge (Collier,
ALJ) granting Suzan Samuel’s petitions regarding
two dates of injury: October 4, 2012, and August 2, 2014. The
ALJ adopted the independent medical examiner’s 50/50
apportionment finding and awarded Ms. Samuel 100% partial
incapacity benefits. Mercy Hospital1 contends that the ALJ erred
in awarding incapacity benefits for the injury of August 2,
2014, on the basis that the later injury did not result in
any increase in her work restrictions; and in awarding 100%
partial incapacity benefits because Ms. Samuel submitted
insufficient work search evidence. We disagree with the
arguments regarding apportionment and work restrictions but
agree with the argument regarding the award of 100% partial
incapacity benefits. We therefore affirm in part, vacate in
part, and remand the decision.
I.
BACKGROUND
[¶2]
Suzan Samuel worked as a housekeeper at Mercy Hospital and
experienced a work-related right shoulder injury on October
4, 2012. Ms. Samuel continued to work and reported a period
of improving symptoms until 2014, when her right shoulder
symptoms worsened. When she sought care for these symptoms on
July 31, 2014, Ms. Samuel’s medical providers
restricted her from any use of her right arm. On August 2,
2014, Ms. Samuel slipped at work and injured her right
shoulder for the second time. An MRI scan six days later
demonstrated a rotator cuff tear and Ms. Samuel underwent
surgery on October 3, 2014. Following the surgery, Ms. Samuel
was able to return to work for Mercy Hospital. While the
ALJ’s decision is silent on the matter, the medical
records submitted by...
