Legal Opinion · Dissent

Moreau v. S.D. Warren Co.

Supreme Judicial Court of Maine

Decided April 12, 2000Published

1Dissent

ALEXANDER, J.,

with whom CLIFFORD and DANA, JJ., join, dissenting.

[¶ 10] I respectfully dissent. The Board concluded that Moreau’s visit to the in-house medical department in 1988 was a payment pursuant to section 52,8 and, therefore, the ten-year statute of repose began to run on that date. The Board explained the rationale for the decision as follows:

I can find no persuasive reason to treat the provision of such services differently simply because they are provided by the employer’s own first aid department. That department’s primary purpose is to treat work-place injuries. If the employer…

2Cases cited3 opinions

  1. Harvie v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1989
  2. Pottle v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1988
  3. Wallace v. WarrenSupreme Judicial Court of Maine · 1994

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