McNally v. Douglas Brothers, Inc.

Summary

The Maine Supreme Judicial Court held that an employee who loses an entire first phalange and any portion of a second phalange is entitled to specific loss benefits for the loss of the entire finger under 39-A M.R.S.A. § 212(3)(F). The court vacated and remanded the Workers’ Compensation Board hearing officer’s decision denying additional benefits for the loss of three fingers.

Holdings

1. Under 39-A M.R.S.A. § 212(3)(F), if an employee loses all of the first phalange and any portion of the second phalange of a finger or thumb, the employee is entitled to specific loss benefits for the loss of the entire finger or thumb.

Questions Presented

1. Whether the loss of all of the first phalange and any portion of the second phalange of a finger constitutes the loss of the entire finger under 39-A M.R.S.A. § 212(3)(F).

Disposition

vacated