Pitre v. Buddy's Seafood

|¶1 agree with the majority that the OWC judge was correct in finding that Mr. Pitre sustained a work-related injury, that it was a developing injury, and that Mr. Pitre’s claim had not prescribed.

I respectfully disagree with the majority in reversing the OWC judge’s award of fees and penalties in favor of Mr. Pitre and against his employer, Buddy’s Seafood, for the following reasons.

As stated by the majority, the decision to impose penalties and attorney fees is essentially a factual issue subject to the manifest error or clearly wrong standard of review. Authement v. Shappert Engineering,…