Tucker Law Group
Tucker Law Group

Tucker Law Group Welcomes Chelsea A. Suvlu, Esq.

Our team at Tucker Law Group is pleased to welcome Chelsea to our firm. Chelsea, a native of Oakland, Maine, attended the University of Maine at Orono, where she earned a B.A. in Psychology and Journalism in 2009. A graduate of the New England School of Law in 2012, Chelsea was the Executive Articles Editor of the New England Journal of International and Comparative Law as well as Treasurer of the Alternative Dispute Resolution Society and member of the Regional Mock Trial Competition.Having practiced as a Worker Advocate for the Maine Workers’ Compensation Board for several years in Bangor, Chelsea brings a wealth of workers’ compensation knowledge to Tucker Law Group.

Chelsea is a Member of the Maine State Bar Association, the Penobscot County Bar Association and the Defense Research Institute. She is admitted to the State Bar in Maine.

 

We could not be more pleased to add Chelsea to our team –

Welcome Aboard!

 

Please join us in welcoming Chelsea!

We know she will be a great asset to our team.

chelsea_1Contact Chelsea:

[email protected]
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We Got Published!

I was honored to be asked to write this column for the Defense Research Institute publication “For The Defense” – I have been a DRI member for over 21 years, and enjoy every minute of it. Please take a moment to read this column from the June 2016 issue. For more information about DRI, visit www.DRI.org. – Dick Tucker

DRI News, For The Defense, June 2016

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DRI in DC

“If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already.” Abraham Lincoln, 1855

Over the last week, members of our firm attended the DRI Annual Meeting held in Washington, D.C. This was my first DRI event, with the fortunate exception of being a guest at a reception in San Diego a few years ago (held on the deck of the USS Midway!) The experience was inspiring, enlightening, and a whole lot of fun!

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Are you Properly Discontinuing Workers’ Compensation Benefits in Maine? Read on to Find out.

Under Section 213 of the Maine Workers’ Compensation Act, employees are entitled to up to 520 weeks of lost time benefits when their incapacity is partial (they remain able to work) and their whole person permanent impairment does not exceed statutory thresholds. Once permanent impairment below the threshold is established and 520 weeks of benefits have been paid, an employer is entitled to unilaterally discontinue partial incapacity benefits being paid voluntarily or to seek a Board Order allowing it to discontinue benefits being paid under a Board-ordered payment scheme.

Before discontinuing benefits in either scenario, employers need to be aware that the Board’s Rule Ch. 2(5)(1) requires them to send written notice of the discontinuance to the employee at least 21 days before the expiration of benefits.

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A Prescription for Murder

“The measure of success is not whether you have a tough problem to deal with, but whether it is the same problem you had last year.” John Foster Dulles

For the first time in US history, a doctor has been convicted of murder related to the over-prescribing of controlled substances. According to CNN, Hsiu-Ying, 45, was found guilty last week of 23 counts, including 19 counts of unlawful controlled substance prescription. The charges were based on the deaths of three young men, all under the age of 30.

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Axelsen v. Interstate Brands Corp.

Date: 10/22/2015

Summary:
(1) The “operative event” for the application of §217(8) (the voc rehab section providing presumption of 100% incapacity) is the filing of theApplication for Employment Rehabilitation, NOT the date of injury

(2) The §217(8) presumption of 100% incapacity is rebuttable by a  showing on the part of the employer that, on a more likely than not basis, work is available to an employee who is participating in a board-ordered rehabilitation plan.

Read the full text of Daniel Axelsen v. Interstate Brands Corp.

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Cross v. LLP Transport, LLC

Date: 9/3/15
Summary: EE is a truck driver whose restrictions following a cervical surgery for an established work injury preclude a return to work that involves manipulating 75-100 lb load covers. HO Elwin found no ongoing incapacity based on Dr. Mesrobian’s opinion that, due to the EE’s pre-existing condition, he would have placed the same restrictions on the EE prior to his work injury as are in place post-surgery.

The panel (Collier, Hirtle, & Knopf) vacated the finding of no partial incapacity, citing St. Amand v. Edwards Manufacturing Co., standing for the proposition that even a negligible work restriction establishes a degree of partial disability, which may establish partial earning incapacity depending on what the employee is able to earn within the restrictions. 386 A.2d 730 (Me. 1978). The panel remanded for further findings regarding earning capacity.

Read the full text of Daniel Cross v. LLP Transport, LLC

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