Retroactive Durational Limit Trumps Decree

The Maine Supreme Court has just determined that, even if an employer has obtained a final decree discontinuing employee's benefits for expiration of the durational limit under § 213, the employee can get additional incapacity benefits if the Workers’ Compensation Board of Directors extends the durational limit retroactively to a date before the durational limit expired.�

In Beaudoin v. Tambrands, 2009 A.2d 65, the employer discontinued benefits with a 21-day letter at the expiration of the 364-week limitation in the spring of 2007.� The employee filed a Petition for Review contesting the levels of her PI and incapacity, but HO Goodnough denied it and allowed the termination of incapacity benefits.�

In December 2007, the Board extended the durational limit another 52 weeks and applied it retroactively to 1/1/07. �The employee filed another Petition for Review claiming entitlement to another year of benefits, and HO Goodnough granted the petition and ordered payment of the benefits. �Tambrands appealed, arguing that he previously issued a final decision that the durational limit had expired. �

The Court held that §213 required the Board to extend the durational limit, and that it applied retroactively to the employee's claim, because the durational limit had not expired prior to the effective date of the extension.

Since then the Board has extended the durational limit twice more, to the current statutory maximum of 520 weeks, but this case demonstrates how problematic the durational-limit extensions can be for all participants in the workers’ compensation system, and that the only truly "closed" case is one that has been settled properly.�

If you have any questions, please let us know.�

Kevin Gillis

Tom Getchell

Mike Richards

Dan Gilligan