BUREAU v. STAFFING NETWORK
6/21/1996
it was error for the Board to conclude that a mediation report signed by the parties is binding on factual issues. Section 313(3) provides that " f an agreement is reached, the [mediation] report must state the terms of the agreement and must be signed by the parties and the mediator." 39-A M.R.S.A. ยง 313(3) (Supp. 1995). The legislative history suggests that the Legislature intended mediation to replace litigation whenever possible. Recently, the full Board unanimously ruled that mediation agreements are binding. Gross v. Hannaford Bros. Co., Dec. No. 95-01, WCB # 93-009561 (Me. 1995). We agree with the Board that " t would deprive Section 313 of meaning to allow a party to enter into a signed agreement and then refuse to comply with its terms . . . ." Gross, slip op. at 2.
The entries are:
The decisions of the Workers' Compensation Board in Bureau v.
Staffing Network, Inc., WCB-95-52, and Warman v. Olsten
Kimberly Quality Care, WCB-95-84, are vacated and remanded to
the Workers'
Compensation Board for further proceedings consistent with the
opinion herein. The decision of the Workers' Compensation Board
in Caiazzo v. Wright Express, Inc., WCB-95-263, is affirmed.
All concurring.
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