Me. Rev. Stat. tit. 39, § 104-B

Multiple injuries; apportionment of liability

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(REPEALED)

SECTION HISTORY

PL 1977, c. 368 (NEW). PL 1981, c. 474, §4 (RPR). PL 1991, c. 615, §A48 (AMD). PL 1991, c. 885, §A7 (RP). PL 1991, c. 885, §§A9-11 (AFF).

Notes of Decisions

Cited in 14 cases, 1980–2003 · leading case: Pottle v. Bath Iron Works Corp.

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Pottle v. Bath Iron Works Corp. (1988) me · cites it 4× “[2] The hearing commissioner found that Pottle had a 10% permanent impairment to his left knee and, pursuant to 39 M.R.S.A. § 104-B(2) (Pamph.1988), ruled that Liberty Mutual, as the insurer providing coverage at the time of the last injury, was initially responsible for paying…”

Kennedy v. Brunswick Convalescent Center (1991) me · cites it 4× “39 M.R.S.A. § 104-B (1989). [2] Our reading of the statute accords with that of the Appellate Division.”

Johnson v. SD Warren, Div. of Scott Paper (1981) me · cites it 2× “More importantly, not to set aside the pro forma decree in this case would be to disregard the clear implications of 39 M.R.S.A. § 104-B. We must answer one further question: If, as we conclude, the decree must be *435 set aside, should total compensation based on Johnson’s 1977…”

Harding v. Sheridan D. Smith, Inc. (1994) me · cites it 2× “Because this appeal does not involve two or more insurers, 39 M.R.S.A. § 104-B does not apply. 39 M.”

Nichols v. Cantara & Sons (1995) me · cites it 2× “Title 39 M.R.S.A. § 104-B (1989) provides in pertinent part: 1.”

LaPointe v. United Engineers & Constructors (1996) me · cites it 2× “The credit awarded in the 1991 decision was not an apportionment. An apportionment would have divided liability between two employers according to their relative contribution to an incapacitating condition.”

Lamonica v. Holmes (1998) me · cites it 2× “368, codified as 39 M.R.S.A. § 104-B, repeated and replaced by P.”

Dunson v. South Portland Housing Authority (2003) me “The annual adjustment shall be made on the 3rd and each succeeding anniversary date of the injury, except that where the effect of the maximum under section 53-B is to reduce"the amount of compensation to which the claimant would otherwise be entitled, the adjustment shall be…”

Robbins v. Bates Fabrics, Inc. (1980) me “39 M.R.S.A. § 104-B. Liability when 2 carriers dispute over financial responsibility If an employee has sustained more than one injury while employed by the same employer and if the employer was insured under this Act by one carrier when the first injury took place and insured…”

Delorge v. NKL Tanning, Inc. (1990) me “2d at 113 ; 39 M.R.S.A. § 104-B(1). In Delorge’s case the commissioner expressly declined to find that his pre-1983 injuries were work-related.”

Edwards v. Travelers Insurance (2001) me “Kennedy involved a construction of former 39 M.R.S.A. § 104-B(1)(1987), repealed and replaced by P.”

Johnson v. Bath Iron Works Corp. (1988) me “1988); and (2) that Liberty Mutual’s petition for apportionment should *839 be granted, with compensation and death benefit awards apportioned equally between the two insurers under 39 M.R.S.A. § 104-B (Pamph.1988). On reviewing directly those rulings of the hearing…”

Show all 14 citing cases →

— Me. Rev. Stat. tit. 39, § 104-B(1) — 2 cases

Harding v. Sheridan D. Smith, Inc. (1994) me “Because this appeal does not involve two or more insurers, 39 M.R.S.A. § 104-B does not apply. 39 M.”

Delorge v. NKL Tanning, Inc. (1990) me “2d at 113 ; 39 M.R.S.A. § 104-B(1). In Delorge’s case the commissioner expressly declined to find that his pre-1983 injuries were work-related.”

— Me. Rev. Stat. tit. 39, § 104-B(1)(1987) — 1 case

Edwards v. Travelers Insurance (2001) me “Kennedy involved a construction of former 39 M.R.S.A. § 104-B(1)(1987), repealed and replaced by P.”

— Me. Rev. Stat. tit. 39, § 104-B(2) — 1 case

Pottle v. Bath Iron Works Corp. (1988) me “[2] The hearing commissioner found that Pottle had a 10% permanent impairment to his left knee and, pursuant to 39 M.R.S.A. § 104-B(2) (Pamph.1988), ruled that Liberty Mutual, as the insurer providing coverage at the time of the last injury, was initially responsible for paying…”

— Me. Rev. Stat. tit. 39, § 104-B(3) — 2 cases

Kennedy v. Brunswick Convalescent Center (1991) me “39 M.R.S.A. § 104-B (1989). [2] Our reading of the statute accords with that of the Appellate Division.”

Phelan v. St. Johnsbury Trucking (1987) me

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