Compensation Act bar (Maine) · Go Syfert
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Compensation Act bar in Maine

7 Maine opinions name it 2 courts 1994–2017 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Li v. C.N. Brown Co.green
me · 1994 · cited in 5 Maine opinions naming this issue, 1996–2017
2 sentences

2017Workers' Compens~tion Ac:t "The exclusivity and immunity provisions of the Workers' Compensation Act bar employees from pursuing civil litigation against their employers for injuries incurred in the course of employment." Li, 645 A.2d at 607 .

2014"The exclusivity and immunity provisions of the Workers' Compensation Act bar employees from pursuing civil litigation against their employers for injuries incurred in the course of employment." Li v. C.N Brown Co., 645 A.2d 606, 607 (Me. 1994).

45
Beverage v. Cumberland Farms Northern, Inc.green
me · 1985 · cited in 2 Maine opinions naming this issue, 1994–2015
2 sentences

2015On the other hand, in Beverage v. Cumberland Farms Northern, Inc., the Law Court affirmed an award of summary judgment against the plaintiff on the grounds of the Workers' Compensation Act bar when the employer supported its defense with an affidavit. 502 A.2d at 486.

1994The legislative intent in enacting a comprehensive workers’ compensation statute was to “‘giv[e] effect to the underlying policy of providing certainty of remedy to the injured employee and absolute but limited and determinate liability for the employer.’ ” Beverage v. Cumberland Farms N., Inc., 502 A.2d 486, 489 (Me.1985) (quoting McKellar v. Clark Equip.

22
Cole v. Chandlergreen
me · 2000 · cited in 2 Maine opinions naming this issue, 2007–2017
2 sentences

2007Brown Co., 645 A.2d 606, 607-08 (Me. 1994); see also Cole v. Chandler, 2000 ME 104 , ~ 13, 752 A.2d 1189, 1196 , stating "mental injuries constitute personal injuries within the meaning of the exclusivity provision of the Workers' Compensation Act and thus an independent claim is barred." The Workers' Compensation Act would bar those emotional injuries that arose during the course of Plaintiffs employment at GWH.

2007Brown Co., 645 A.2d 606, 607-08 (Me. 1994); see also Cole v. Chandler, 2000 ME 104 , ~ 13, 752 A.2d 1189, 1196 , stating "mental injuries constitute personal injuries within the meaning of the exclusivity provision of the Workers' Compensation Act and thus an independent claim is barred." The Workers' Compensation Act would bar those emotional injuries that arose during the course of Plaintiffs employment at GWH.

12
Reed v. Avian Farms, Inc.green
med · 1996 · cited in 1 Maine opinions naming this issue, 2000–2000
1 sentence

2000Brown Co., 645 A.2d 606, 609 (Me.1994) (holding that the exclusivity and immunity provisions of the Workers’ Compensation Act bar an employee from pursuing civil actions against an employer for the employer’s intentional torts); Reed v. Avian Farms, Inc., 941 F.Supp. 10, 13-14 (D.Me. 1996) (concluding that the Maine Workers’ Compensation Act precludes IIED claims).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Gordan v. Cummings green
me · 2000
1 sentence

2017This bar extends to all t011s that seek recovery for mental or physical injuries-even to employers' intentional torts. id. at 608 ; Cole v. Chandler, 2000 ME 104 , 1 I I, 752 A.2d 1189 ; Gordan, 2000 ME, 113, 756 A.2d 942 .

12017–2017

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 39-A, § 104 (5) ME § Me. Rev. Stat. tit. 39-A, § 408 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 12 (1916–2023) ME 7 (1994–2017) CA 5 (1915–1992) PA 4 (1993–2005) MS 4 (1987–2003) KS 3 (1960–1966) KY 3 (1962–1993) MO 3 (1933–1987) AL 3 (1950–1993) CT 2 (1988–1990) WV 2 (1986–2005) NC 2 (2004–2012) WA 2 (1969–1992) CO 2 (1991–1997) MD 2 (1995–2019) AZ 2 (1988–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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