STICKLES v. UNITED PARCEL SERVICE


554 A.2d 1176 (1989)

Richard STICKLES v. UNITED PARCEL SERVICE, et al. George FALOON v. COMBUSTION ENGINEERING, et al.

Supreme Judicial Court of Maine.

Decided February 27, 1989.


Attorney(s) appearing for the Case

James McAdam, (orally) McTeague, Higbee, Libner, Reitman, MacAdam & Case, Brunswick, for Faloon.

Richard C. Nale, (orally), Nale & Nale, Waterville, for Stickles.

Eve H. Cimmet (orally), Richardson & Troubh, Portland, for UPS and Liberty Mut. Ins.

Mark V. Franco (orally), Hunt, Thompson & Bowie, Portland, for Combustion Engineering and CNA Ins.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, HORNBY and COLLINS, JJ.


HORNBY, Justice.

In these consolidated cases we examine the "Early Pay System" added to Maine's Workers' Compensation Act in 1983. 39 M.R.S.A. § 51-B (Pamph.1988). We conclude that, by failing to file a notice of controversy within 44 days from the time an employee tells an employer that lost work time is caused by a work-related injury, the employer accepts compensability of the injury at the level of the employee's claim until it persuades the Commission to...

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