Workers’ Compensation Exclusive Remedy Provisions are under Attack – Could Maine’s Be Next?

One of the central features of Maine’s workers’ compensation statute is its tort immunity or “exclusive remedy” provision.  This provision represents a trade-off: In exchange for compensating work injuries regardless of employee fault, employers are exempt from civil suits involving injury or death arising out of and in the course of employment – and the high defense costs, high damage awards, and pain and suffering damages such suits can entail.  This “grand bargain” has been a defining feature of Maine’s workers’ compensation system since its inception nearly 100 years ago.

However, in other jurisdictions with similar provisions, this most basic feature of workers’ compensation law is now under fire.   Continue reading

New Appellate Division decision clarifies burden of proof to toll the statute of limitations


Recently, the Appellate Division clarified the employee’s burden of proof of contemporaneous notice required to toll (or pause) the statute of limitations in Maine workers’ compensation cases.  Contemporaneous notice is a doctrine which tolls the statute of limitations for an earlier injury if the employee can show the employer/ insurer made payments on a later injury with contemporaneous knowledge those payments were at least partly necessitated by the earlier injury.

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Protecting Customer Information and Brand Reputation in the Digital Age

information securityRecent media attention has highlighted a disturbing trend: information security breaches are on the rise.  These breaches can cost a business a lot of time and money.  They can also result in a loss of customer trust and brand reputation – valuable commodities that are easier to lose than to earn back.  While most businesses try to mitigate the risk of a security breach, many may not be aware of their requirements under Maine law in the event that a breach occurs.   Read on after the jump for more information.

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Maine’s Judges, Among the Lowest-Paid in the Nation, May Soon See a Cost-of-Living Increase

Maine's judiciary, the lowest paid in the country, may soon see a pay raise.

Maine’s Supreme Court ranks 50th in the nation for judicial compensation.

On Tuesday, January 14, the Judiciary Committee voted to support a measure granting all 60 Maine judges a 4 percent cost-of-living increase for both the current and prior fiscal year.  Although the judiciary received a pay raise in July 2013 (the first since 1998), the statute also provides for annual cost-of-living increases, and the Maine bench has not received  a cost-of-living increase since 2008.   Even with the proposed increases, Maine’s judiciary would still be among the lowest paid in the nation.   Read on for more about the proposal, and why Maine’s flagging judicial compensation should matter to Maine companies.

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