Me. Rev. Stat. » Title 39

Me. Rev. Stat. tit. 39, § 68

Liability of third persons; election of employee; subrogation

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(REPEALED)
SECTION HISTORY
PL 1969, c. 84 (RPR). PL 1983, c. 479, §11 (AMD). PL 1991, c. 885, §A7 (RP). PL 1991, c. 885, §§A9-11 (AFF).
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Notes of Decisions
Cited in 28 cases, 1967–2020 · leading case: Dionne v. Libbey-Owens Ford Co.
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Dionne v. Libbey-Owens Ford Co. (1993) me · cites it 4× “appeals from a decision of the Appellate Division of the Workers’ Compensation Commission, affirming a Commission decree that a settlement received by an injured employee’s wife for loss of consortium is not subject to the employer’s lien under section 68 of the Workers’…”
Nichols v. Cantara & Sons (1995) me · cites it 4× “Mooers, in this consolidated appeal raise the issues of whether, pursuant to 39 M.R.S.A. § 68 (1989), the Workers’ Compensation Board erred in failing to allocate a portion of a third-party settlement to the employee’s spouse’s loss of consortium claim when the parties to the…”
Liberty Mutual Insurance v. Weeks (1979) me · cites it 3× “This appeal arises from an action brought in the Superior Court (Cumberland County) by Liberty Mutual Insurance Company and Sanborn’s Motor Express against Leland Weeks and his wife, Mildred, as the defendants, seeking a declaratory adjudication regarding the extent of the lien…”
Roberts v. American Chain & Cable Co. (1969) me · cites it 3× “Thus, the question presented to us is whether the workmen’s compensation act of this State bars American Chain, the third-party wrongdoer (meaning the person other than the employer legally liable in damages in respect to an injury to an employee under 39 M.R.S.A. § 68), from…”
Gagne v. Carl Bauer Schraubenfabrick, GmbH (1984) med · cites it 2× “39 M.R.S.A. § 68 (Supp.1983-84). If an employee claims benefits under the Workers’ Compensation Act, the employer is granted a “lien for the value of compensation paid on any damages subsequently recovered against the third person liable for the injury.”
Overend v. Elan I Corp. (1982) me · cites it 3× “1 At the heart of this case is 39 M.R.S.A. § 68 (1978). 2 The first paragraph of section *313 68 could be read to provide that compensation claims against employers 3 and common law actions against third party tortfeasors are to be mutually exclusive options that employees must…”
Perry v. Hartford Accident & Indemnity Co. (1984) me · cites it 2× “If the injured employee elects to claim compensation and benefits under this - Act, any employer having paid such compensation or benefits or having become liable therefor under any compensation payment scheme shall have a lien for the value of compensation paid on any damages…”
Mullen v. Brown Homes, Inc. (1976) me · cites it 3× “From this sum she paid her attorney fee and reimbursed her employer’s insurance carrier for the full amount of the compensation she had been paid to that date, as she was required to do under the clear mandate of 39 M.R.S.A. § 68. The employer and its carrier asserted, however,…”
Diamond International Corp. v. Sullivan & Merritt, Inc. (1985) me · cites it 2× “39 M.R.S.A. § 68 (Pamph.1984-1985). An employer who pays benefits to an injured employee has a lien for the amount of those payments on any damages the employee recovers from a third party.”
DiCarlo v. Suffolk Construction Co., Inc. Professional Electrical Contractors of Connecticut (SJC-11854) Martin v. Angel (2016) mass “the amount of compensation paid to the employee or dependents” without using term injury); Me. Rev. Stat. Ann. tit. 39, § 68 (repealed 1993) (insurer shall have “a lien for the value of compensation paid on any damages subsequently recovered against the third person liable for…”
Steeves v. Irwin (1967) me · cites it 2× “392, § 3 (now 39 M.R.S.A. § 68) provides in pertinent part as follows: “When any injury or death for which compensation or medical benefits are payable under the provisions of this act shall have been sustained under circumstances creating in some person other than the employer…”
LaBelle v. Crepeau (1991) me “39 M.R.S.A. § 68 (1989). Whether the immunity provided by section 4 extends to an officer or fellow employee when that person is acting in a separate and distinct capacity has not previously been presented in Maine.”
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