Bailey v. City of Lewiston, 2017 ME 160

Summary

The Maine Supreme Judicial Court affirmed the Workers’ Compensation Board Appellate Division’s decision vacating a decree that reduced Michael F. Bailey’s permanent impairment rating from 32% to 0%. The court held that res judicata barred relitigation of the permanent impairment level established in a prior final decree. It further held that the changed-circumstances standard applicable to incapacity benefits did not apply to a permanent impairment determination.

Holdings

1. A final Workers’ Compensation Board determination establishing an employee’s maximum medical improvement and permanent-impairment level is subject to res judicata and issue preclusion; absent specific statutory authority, the Board may not redetermine those findings.
2. The changed-circumstances test applicable to petitions to increase or decrease compensation does not apply to a petition seeking to relitigate an established permanent-impairment level.

Questions Presented

1. Whether res judicata bars relitigation of an employee’s permanent-impairment level after that level has been established by a final Workers’ Compensation Board decree.
2. Whether the changed-circumstances test applies to a petition seeking to redetermine permanent impairment or maximum medical improvement.
3. Whether the Appellate Division correctly vacated the hearing officer’s decree reducing Bailey’s permanent-impairment rating to zero percent.

Disposition

affirmed