Me. Rev. Stat. » Title 39
Maine Revised Statutes

Me. Rev. Stat. tit. 39, § 55 (2026)

Compensation for partial incapacity

✓ current as of May 2026
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(REPEALED)
SECTION HISTORY
PL 1965, c. 408, §4 (AMD). PL 1971, c. 225, §3 (AMD). PL 1971, c. 386 (AMD). PL 1971, c. 622, §140 (RPR). PL 1973, c. 531, §§1,2 (AMD). PL 1973, c. 543, §2 (AMD). PL 1973, c. 557, §3 (AMD). PL 1973, c. 788, §224 (RPR). PL 1975, c. 493, §2 (AMD). PL 1981, c. 483, §2 (AMD). PL 1983, c. 479, §9 (AMD). PL 1985, c. 372, §A18 (AMD). PL 1987, c. 559, §B28 (RP).
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Notes of Decisions
Cited in 25 cases, 1972–2003 · leading case: Lagasse v. Hannaford Bros. Co., 497 A.2d 1112 (Me. 1985).
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Lagasse v. Hannaford Bros. Co., 497 A.2d 1112 (Me. 1985). · cites it 8× “In that decision the Appellate Division affirmed in part and reversed in part the hearing commissioner's award to Lagasse of partial compensation at varying rates, subject to an inflation-deflation adjustment pursuant to 39 M.R.S.A. § 55 *1114 (Pamph.1979-1984).”
Grubb v. S.D. Warren Co., 2003 ME 139 (Me. 2003). · cites it 6× “Grubb was awarded partial incapacity benefits pursuant to a decree in 2000. The hearing officer concluded in the 2000 decree that, because Grubb is entitled to an inflation adjustment pursuant to the law at the time of his 1985 and 1986 dates of injury, see 39 M.”
Bernard v. Mead Publ'g Paper Div., 2001 ME 15 (Me. 2001). · cites it 2× “225, § 3, codified as 39 M.R.S.A. § 55 (Pamph.1973), repealed by P.”
Bouford v. Bath Iron Works Corp., 514 A.2d 470 (Me. 1986). · cites it 2× “§ 54; partial incapacity, 39 M.R.S.A. § 55; and permanent impairment, 39 M.”
Rugan v. Dole Co., 429 A.2d 535 (Me. 1981). · cites it 4× “Although the *536 Commissioner did not expressly state his method of computation, he seems to have determined Rugan’s compensation by subtracting his post-injury weekly wage as a CETA worker from his pre-injury average weekly wage as an electrician and then performing the other…”
Bourque v. Frank X. Pomerleau, Inc., 472 A.2d 933 (Me. 1984). · cites it 4× “See 39 M.R.S.A. § 55 (Supp.1983-1984). 1 Because we find that the commissioner improperly applied the standard contained in section 55 *934 to Bourque’s claim of partial incapacity, we sustain the appeal and remand the case for further proceedings consistent with this opinion.”
Every v. Ne. Log Homes, Inc., 638 A.2d 709 (Me. 1994). · cites it 2× “counters that the 1986 decree awarded compensation to the employee to which he was never entitled pursuant to 39 M.R.S.A. § 55 repealed by P.L.1987, ch.”
Bernier v. Data Gen. Corp., 2002 ME 2 (Me. 2002). “and such weekly compensation shall be adjusted annually on July 1st so that it continues to bear the same percentage relationship to the average weekly wage in the State of Maine as computed by the Employment Security Commission, as it did at the time of the injury.”
Wentzell v. Timberlands, Inc., 412 A.2d 1213 (Me. 1980). “§ 54 or 39 M.R.S.A. § 55. In 1965, the limit on payments under Section 54 was removed.”
McQuade v. Vahlsing, Inc., 377 A.2d 469 (Me. 1977). “See generally 39 M.R.S.A. § 55. The Commission’s findings of fact are final if supported by competent evidence.”
Wentworth v. Manpower Temp. Servs., 589 A.2d 934 (Me. 1991). “1984) (compensation for total incapacity) or 39 M.R.S.A. § 55 (Pamph.1984) (compensation for partial incapacity).”
Mailman v. Colonial Acres Nursing Home, 420 A.2d 217 (Me. 1980). “Significantly, neither Rugan nor Coty altered the right of an injured worker under 39 M.R.S.A. § 55 to compensation for partial incapacity “if his capacity to earn has been impaired as a result of his work related injury.”
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