Rafael Costales v. S.D. Warren Co. et al.

Summary

The Supreme Judicial Court of Maine affirmed a Workers' Compensation Board decision denying Rafael Costales incapacity benefits under Maine's retiree presumption. The court held that rebutting the presumption requires proof that a work-related disability renders the employee totally physically unable to perform work suitable to the employee's qualifications, training, or experience, regardless of work availability. An unsuccessful work search was therefore insufficient on the facts presented.

Holdings

1. To rebut Maine's retiree presumption, an employee must prove by a preponderance of the evidence that a work-related disability causes a total physical inability to perform any work that is otherwise suitable to the employee's qualifications, training, and experience. Evidence that suitable work was unavailable or that the employee conducted an unsuccessful work search is insufficient by itself.
2. The hearing officer did not err in finding that Costales failed to establish that his work-related disability rendered him unable to perform work suitable to his qualifications, training, and experience.

Questions Presented

1. Whether an employee receiving nondisability retirement benefits can rebut Maine's retiree presumption through evidence of an unsuccessful work search or must prove a total physical inability to perform work suitable to the employee's qualifications, training, or experience.
2. Whether the hearing officer erred in finding that Costales failed to rebut the retiree presumption.

Disposition

affirmed