Morrissette v. Kimberly-Clark Corp., 2003 ME 138

Summary

The Maine Supreme Judicial Court held that 39-A M.R.S.A. § 224 could be applied retroactively to recalculate workers' compensation benefits in a pending restoration proceeding without violating separation of powers. The court concluded that prospective workers' compensation benefits are not final and may be altered by statutory amendments when circumstances change. It affirmed the restoration of benefits, vacated the denial of the employer's reimbursement petition, and remanded for a determination of the reimbursable amount.

Holdings

1. Applying 39-A M.R.S.A. § 224 to recalculate Morrissette's prospective workers' compensation benefits did not violate separation of powers because the level of prospective benefits is not final and the statute expressly applied to pending proceedings.
2. The Board could not deny Kimberly-Clark's reimbursement petition without determining the amount of reimbursement, because 39-A M.R.S.A. § 324(1) grants the Board jurisdiction to determine repayment while considering hardship and injustice.

Questions Presented

1. Whether retroactive application of 39-A M.R.S.A. § 224 to recalculate Morrissette's prospective workers' compensation benefits violated separation of powers by altering a prior benefits calculation.
2. Whether Kimberly-Clark was entitled to reimbursement of benefits paid during the pendency of Morrissette's prior unsuccessful petition for appellate review.

Disposition

other