Wanda Gallant v. Maine General Medical Center

Insurance Company

Cross Insurance

Date Decided

January 4, 2021

Panel Members

David Hirtle

Tom Pelletier

Mike Stovall


Statutory Construction


remedies available

File Size

152 KB


Summary from the Troubh Heisler Attorneys

Wanda Gallant v. MaineGeneral Medical Center (attached) - Ms. Gallant injured her back working as a CNA, and MGMC initially denied the WC claim but paid her “earned time” benefits. Ms. Gallant filed a Petition for Award, and MGMC ultimately agreed to pay her incapacity benefits. Ms. Gallant asked Judge Elwin to also order that MGMC let her “buy back the earned time benefits” she had used for her lost time. MGMC objected, as it was against its internal policy and was not expressly permitted in WC law.

In her decision, Judge Elwin granted the Award but denied Gallant’s request for a “buy back order.” Gallant filed a Motion for Findings but failed to file Proposed Findings, so Judge Elwin dismissed the motion, resulting in lower-level appellate review. The Appellate Division panel upheld Judge Elwin's decision not to order the “buy back,” finding no legal support for Gallant’s argument in the WC statutes, rules or decisions.

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