By Matthew T. Mehalic, Esq., CPCU In John Sweet II v. Carl E. Breivogel et al., 2019 ME 18 (Jan. 29, 2019), the Law Court looked at the connection between the Home Construction Contracts Act (HCCA) and the Unfair Trade Practice Act (UTPA). The case arose out of the home construction of a timber frame… Read more »
News
Decision to Discharge Patient Appropriate and Medical Malpractice Prelitigation Screening Panel Not Equivalent to Trial
By Matthew T. Mehalic, Esq., CPCU In Randy N. Oliver, II et al. v. Eastern Maine Medical Center, 2018 ME 123 (August 21, 2018), the Law Court addressed whether EMMC was negligent when it discharged an individual despite contrary instructions given by the individual’s limited guardians to the hospital. The Superior Court entered judgment in… Read more »
No Liability Coverage Under Homeowner’s Policy for Premeditated Assault
By Matthew T. Mehalic, Esq., CPCU In Vermont Mutual Insurance Company v. Jonathan Ben-Ami, et al., 2018 ME 125 (August 21, 2018), the Law Court addressed whether the expected or intended injury exclusion applied where an individual carried through a premeditated attack on another. James Poliquin, Esq. of Norman, Hanson & DeTroy, LLC represented Vermont… Read more »
Medicare Set-Asides: Are You Paying Too Much?
By: Stephen Hessert Background Medicare came into being in 1935 as part of the original Social Security Act enacted by Congress. It was described as “a federally funded health insurance program for the elderly and the disabled.” Over the years, its cost became problematic and in the late 1970s, a General Accounting Office study suggested… Read more »
NHD Recognized by Chambers & Partners
Chambers & Partners USA 2018 has recognized NHD as a Top Firm in the category Litigation: General Commercial. Additionally the following NHD attorneys have received the “Ranked Lawyer” distinction in the publication: Emily A. Bloch – Maine Litigation: Medical Malpractice & Insurance Jonathan W. Brogan – Maine Litigation: Medical Malpractice & Insurance Mark G. Lavoie… Read more »
WC Appellate Division Decision issued on June 14, 2018 – Average Weekly Wage
Average Weekly Wage The employee was employed by the same employer for 52 weeks prior to a December 17, 2014 injury, but for approximately 13 of those weeks she was out of work for non-occupational reasons and received STD benefits which were substantially lower than her customary weekly earnings. The ALJ determined the average weekly… Read more »
WC Appellate Division Decision issued on May 14, 2018 – Statute of Limitations
Statute of Limitations Ten years ago the Law Court ruled in Wilson v. Bath Iron Works, 2008 ME 47, 942 A.2d 1237 that the two-year statute of limitations does not begin to run until the employer files a First Report of Injury, regardless of how much time may have passed since the injury occurred. In… Read more »
WC Appellate Division Decision issued on May 10, 2018 – Waiver of Issues
Waiver of Issues The employee filed a Petition for Award resulting from a December 8, 2015 injury to her neck and left hand. She also filed a Petition for Reinstatement. She had not worked for the employer since the date of injury, and a dispute arose as to whether the employer had offered her suitable… Read more »
Damages for Medical Expenses: Review of the Judicial Split on Admission of Medical Services Billed vs. Paid
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… Read more »
Rental Car Insurance: Are You Paying for Coverage You Already Have?
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… Read more »