Lamonica v. Holmes

[¶ 10] I respectfully dissent. I do not believe that the Legislature intended the re-suit reached by the Court today, and I believe that the Court has ignored specific statutory language in reaching its conclusion.

[¶ 11] Because Lamonica declined to notify the Town of Skowhegan of his 1995 injury, I agree with the Court that the Town cannot be held responsible for payment to Lamoni-ca. Relying on previous decisions for its conclusions, however, the Court overlooks that same notice requirement in allowing Lamonica to recover from his former employer that portion of his benefit which is related…