Category: Newsworthy

By Jessica S. Smith, Esq. There has been a longstanding discussion in the Maine legal community surrounding the recoverability and, therefore, the admissibility, of medical expenses billed by a provider versus those that are actually paid by the patient, her insurer, or the government.   The argument stems from the fact that third-party payers such as...

By Samuel G. Johnson, Esq. Introduction: It’s not every day an attorney tells you to decline insurance coverage for a potential loss.  Well brace yourselves, because that is exactly what I am going to do in this article. Whether your car is in the shop for repairs or you are taking a long vacation far...

Jonathan W. Brogan, a member of the law firm of Norman, Hanson & DeTroy, LLC, has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America. Brogan, who concentrates his practice in litigation, was recently inducted into the College during the association’s 2018 annual meeting. Fellowship in...

It is important to recognize the accomplishments of our attorneys both in and out of the courtroom.  When we learned Kelly Hoffman was named to the U.S. Women’s Masters Field Hockey training squad, we recognized this achievement in the “Kudos” section of our Summer 2017 newsletter.  We are elated to announce that after five months...

It has been recognized in several Law Court decisions that, generally speaking, there is no right to recover an overpayment of workers’ compensation benefits by taking an offset or by claiming reimbursement.  However, in a significant new decision, the Court has held that an employer is entitled to a credit for the value of Social...

It had been determined by the Board that the employee sustained a gradual occupational injury to his right elbow on October 29, 2000.  Several years later the employee filed a Petition for Award alleging a second gradual injury to the same portion of the body occurring on May 8, 2009.  There was conflicting medical evidence...

When parties reach agreement at mediation and the issues agreed to are reflected in the record, the record is fully binding upon the parties and has the effect of a final Board determination.  However, when no agreements are reached and the mediation is considered unresolved, the record itself has no res judicata effect. In Karimova...

The Professional Ethics Commission is comprised of eight attorneys who meet monthly to volunteer their time and expertise to render formal and informal written advisory opinions to the Court, Board, Grievance Commission, Bar Counsel, and members of the Maine bar involving the interpretation and application of the Maine Rules of Professional Conduct applicable to lawyers. ...

In its final decision of 2017 an en banc panel of the Appellate Division consisting of seven ALJs unanimously denied an appeal brought by an employee in a case in which a claim of a gradual mental injury had been denied.  In Henderson v. Town of Winslow, Me. W.C.B. No. 17-46 (App. Div. 2017), the...

In its second workers’ compensation opinion of the year, the Law Court has addressed determination of employment status in a unique factual context.  In Huff v. Regional Transportation Program, 2017 ME 229 (December 12, 2017), the petitioner volunteered as a driver for a non-profit agency which provided transportation services to disabled and low-income clients.  At...

Norman, Hanson & DeTroy is honored to be ranked in the 2018 edition of U.S. News – Best Lawyers. The Firm has been recognized for the following practice areas: Metropolitan Tier 1 Portland-ME Appellate Practice Commercial Litigation Insurance Law Labor Law – Union Litigation – Real Estate Medical Malpractice Law – Defendants Personal Injury Litigation...

In Bailey v. City of Lewiston, 2017 ME 160, 168 A.3d 762, the Law Court ruled that after a PI determination has been made by the Board, an employer cannot seek to lower the assessment in a subsequent proceeding based upon a change in medical condition.  However, in its opinion the Court in the broadest...