BRENDA L. FREEMAN
NEWPAGE CORPORATION et al
February 9, 2016.
decision of the Workers' Compensation Board Appellate
Division affirming the hearing officer's decision is
J. MacAdam, Esq., and Nathan A. Jury, Esq., MacAdam Jury,
P.A., Portland, for appellant Brenda L. Freeman.
D. Tucker, Esq., and Michael Tadenev, Esq., Tucker Law Group,
Bangor, for appellees NewPage Corporation and Sedgwick CMS.
argument: James J. MacAdam, Esq., for appellant Brenda L.
D. Tucker, Esq., for appellees NewPage Corporation and
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
[¶1] Brenda L. Freeman appeals from an order
of the Workers' Compensation Board Appellate Division
affirming the hearing officer's ( Knopf, HO )
decision that, because Freeman was already receiving the
statutory maximum weekly compensation benefit due to a 2007
injury, she was not entitled to further compensation
during a period of incapacity that resulted from a separate
work-related injury in 2011. Freeman argues that the hearing
officer erred by construing the statutory maximum benefit
provision as a total ceiling on the potential benefits
available to an injured worker. We affirm the decision.
[¶2] After Freeman filed a petition for
award of compensation with the Board in June of 2012, she and
her employer, NewPage Corporation, stipulated to the
following facts. Freeman suffered a work-related injury in
2007, when her average wage was $2,044.87 per week. After the
injury, Freeman returned to work for NewPage, but in a
lower-paying position. As a result of the decrease in her
weekly wage, Freeman received partial incapacity benefit
payments in addition to her wages. In December of 2011,
Freeman suffered a second work-related injury, which caused
her to be completely unable to work between March 30, 2012,
and September 10, 2012. During that period of incapacity,
NewPage paid Freeman 100% partial incapacity benefits, based
on the 2007 injury. Based on her 2007 weekly wage, Freeman
received the maximum compensation rate available during her
period of incapacity. ...