Name
Robert Caito v. CHEP Services, LLC
Insurance Company
Corvel Corporation
Date Decided
August 7, 2025
Panel Members
Bryan Chabot
David Hirtle
Donald Murphy
Categories
Notice Procedure Statutory Construction Notice Procedure Statutory ConstructionTags
File Size
191 KB
DownloadSummary from the Troubh Heisler Attorneys
Robert Caito v.. Chep Services, LLC- Where the employee petitioned for one injury date and the ALJ instead found two other separate injury dates based on the testimony and other evidence, there was no reversible error. In Caito, the employee filed a petition for award alleging a June 1, 202 injury date. He testified that he injured himself on March 15, 2021 and again on April 23, 2021. June 1, 2021 was when he provided the employer notice of the injuries. Neither party objected to the sufficiency of the pleadings.
The ALJ determined the employee was alleging two dates of injury, March 15, 2021 and April 23, 2021. He found the March 15, 2021 was barred due to untimely notice under sec. 301 but granted the petition on the April 23, 2021 injury date. Chep Services appealed, arguing it was error for the ALJ to find two injuries were alleged because it provided a second, unexpected and unpleaded basis for award. The reality is the second injury date rendered the notice of injury timely. The Appellate Division acknowledged the better practice is to file separate petitions for separate injuries but rejected the employer’s argument that 39-A M.R.S.A. sec. 305 requires separate petitions. The actual date of injury was at dispute in mediation and neither party objected until after the decision issued. There was no reversible error.