ELLEN STELLA (Appellant)
v.
CINTAS CORPORATION (Appellee)
and
SEDGWICK CMS
Decision No. 19-24
No. A.D. 17-0050
Maine Workers Compensation Decisions
State of Maine Workers’ Compensation Board
July 11, 2019
Argued: June 14, 2018
Attorneys for Appellant: James J. MacAdam, Esq. Nathan A.
Jury, Esq. Donald M. Murphy, Esq. MacADAM JURY, P.A.
Attorney for Appellee: Gregory R. Smith, Esq. LAW OFFICES OF
GREGORY R. SMITH
PANEL
MEMBERS: Administrative Law Judges Goodnough, Elwin, and
Pelletier
Goodnough, Administrative Law Judge.
[¶1]
Ellen Stella appeals from a decision of a Workers’
Compensation Board administrative law judge (Collier,
ALJ) granting in part her Petition for Award[1] related to
a gradual neck and upper extremity injury sustained on
September 28, 2011, while working for Cintas Corporation. Ms.
Stella contends that the ALJ erred (1) by failing to make
factual findings regarding her post-injury earning capacity;
and (2) by failing to consider evidence of her post-injury
earnings as prima facie evidence of her post-injury earning
capacity. We agree, and we vacate the decision in part and
remand for further findings of fact and conclusions of law
regarding Ms. Stella’s ongoing post-injury earning
capacity.
I.
BACKGROUND
[¶2]
In 2010, Ellen Stella began working for Cintas Corporation, a
commercial laundry company. Her job duties included folding
and hanging garments. In 2011, she developed neck and
bilateral shoulder pain, which was diagnosed as a
work-related aggravation of her preexisting, nonwork-related
cervical spondylosis, resulting in impingement and
tendinopathy. She was restricted from working above shoulder
level and from lifting more than ten pounds.
[¶3]
Ms. Stella filed her Petition for Award, dated September 30,
2011. Cintas terminated her employment shortly after the
petition was filed.[2] Ms. Stella searched for work, and
late into the proceedings she found employment at the
Woodlands Senior Living Facility in Cape Elizabeth. Cintas
offered into evidence pay stubs reflecting four weeks of work
at Ms. Stella’s new job, which the ALJ admitted after
all testimony had been taken but before the evidence had been
closed.
[¶4]
The ALJ issued an initial decree on November 19, 2015,
granting in part Ms. Stella’s Petition for Award for
the September 28, 2011, gradual injury, and awarding 100%
partial benefits from October 14, 2011—the date of her
termination—through December 2, 2012—the day
before she began her new job. The ALJ declined to award
benefits beyond December 2, 2012.
[¶5]
Ms. Stella filed a Motion for Further Findings of Fact and
Conclusions of Law pursuant to 39-A M.R.S.A. § 318
(Supp. 2018), requesting, among other things, a finding that
her earnings after December 2, 2012, represented prima facie
evidence of her post-injury...
