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Farris v. Georgia-Pacific Corp.2/9/2004
Reporter of Decisions
Argued: October 15, 2003
In this workers' compensation appeal, the following question is presented: which party has the burden of proof with regard to the percentage of whole body impairment that must be determined in order to apply the cap on compensation benefits set forth at 39-A M.R.S.A. § 213(1) (2001 & Supp. 2003) when payments are being made pursuant to an award of compensation or compensation scheme? We conclude that the employer bears the ultimate burden of proof, but that the employee is responsible for raising the issue of whole body permanent impairment, and of presenting sufficient evidence to demonstrate that a genuine issue exists with respect to this issue. Accordingly, we vacate the decision of the hearing officer and remand for further consideration.
I. BACKGROUND
Richard A. Farris, who was forty-six years old at the time of the decision from which he appeals, began working for Georgia-Pacific Corporation in 1987. In 1994, he suffered a work-related injury to his low back and underwent a laminotomy and disc excision. He left his employment with Georgia-Pacific in 1995. In 1996, a hearing officer of the Board concluded that Farris had failed to perform any work search since 1995 and awarded him partial incapacity benefits.
In February 2002, the employer filed a petition for review seeking to terminate the employee's benefits based on the expiration of the maximum week limitation in section 213(1). Relying on a Board rule, Georgia-Pacific subsequently terminated Farris's benefits in June 2002. Farris responded with a petition for review and a request for a provisional order that prompted the hearing officer to require Georgia-Pacific to reinstate benefits pending hearing. See Russell v. Russell's Appliance Serv., 2001 ME 32, 8-10, 766 A.2d 67, 70-71.
Following a hearing on the applicability of the cap, the hearing officer (Green, HO) concluded that there was "no dispute that as of January 8, 2002 the employee had received a total of 389 weeks of incapacity benefits." No evidence was presented regarding the level of permanent impairment caused by Farris's 1994 low-back work injury. Rejecting the employee's argument that "in the absence of any evidence as to the level of permanent impairment resulting from his June 20, 1994 work injury, he is entitled to receive partial incapacity benefits indefinitely," the hearing officer relied on our opinion in Abbott v. Sch. Admin. Dist. No. 53, 2000 ME 201, 16, 762 A.2d 546, 550, to conclude that "the employee bears the burden of proving a level of permanent impairment sufficient to render the time limit inapplicable." Accordingly, the hearing officer concluded that Farris was precluded from receiving partial incapacity benefits after receiving more than the allotted 364 weeks of compensation under either 39-A M.R.S.A. §§ 212 or 213 (2001 & Supp. 2003).
We determined that the assignment of the burden of proof regarding the nature and extent of whole body impairment is an important question of law that is likely to recur, see M.R. App. P. 23(b)(2)(A)(i), and therefore granted the petition for appellate review.
II. DISCUSSION
A. Context
As part of the 1993 revisions to the Workers' Compensation Act intended to establish greater controls on workers' compensation payments, the Legislature established a durational cap on partial incapacity benefits when the employee's level of permanent impairment fell below an enumerated percentage. Specifically, section 213(1) provides as follows:
Compensation must be paid for the duration of the disability if the employee's permanent
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