Name

Jerome Weiss v. Maine Soapstone Co.

Insurance Company

Memic

Date Decided

October 8, 2026

Panel Members

Cara Biddings

Bryan Chabot

Katherine Gatti Rooks

Categories

Procedure Statute of Limitations Statutory Construction Procedure Statute of Limitations Statutory Construction

Tags

File Size

153 KB

Download

Summary from the Troubh Heisler Attorneys

Weiss v. Maine Soapstone Co.- Where employee filed a Petition to Reopen For Mistake of Fact or Fraud under sec. 321(2) in 2024 on a decision issued in 2012, the ALJ did not err in determining the Petition to Reopen was untimely as beyond the one year time limit. The panel rejected the employee’s argument that the second paragraph of sec. 321(2) removes the one year time limit in cases where the employee has not committed fraud. The Appellate Division held the second paragraph does not refer to the petition to reopen, but rather to other petitions for which the employee might have otherwise been time barred.

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