Morris v. Penobscot Bay Medical Center

Insurance Company


Date Decided

December 21, 2017

Panel Members

Timothy Collier

David Hirtle

Evelyn Knopf


Partial Incapacity


Ongoing Benefits 100% Benefits Work Search

File Size

218 KB


Summary from the Troubh Heisler Attorneys

Ms. Morris was apparently injured at work and filed a Petition for Award which Judge Elwin granted in part, awarding her ongoing partial incapacity benefits based on a imputed earning capacity of $400 per week. Ms. Morris argued that she was entitled to 100% partial incapacity benefits because she “remained in an employment relationship with PBMC” and thus was not required to perform a work search.

The Appellate Division upheld Judge Elwin’s decision, interpreting its prior Parks decision to hold that, even if an employment relationship continues after an incapacitating injury, 100% benefits are not required where there is no work search or labor market evidence.

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