Feiereisen v. Newpage Corp.

JABAR, J., with whom ALEXANDER, J., joins,

dissenting.

[¶ 14] I respectfully dissent. Because employers and employees are mutually obligated to participate in mediation in workers’ compensation cases, those obligations have by implication become incorporated into the contract of employment. See 39-A M.R.S. § 313 (2009).4 Accordingly, I *675would hold that travel to a workers’ compensation mediation is incidental to employment, and an injury incurred by an employee during that travel arises out of and in the course of employment.

[¶ 15] As noted by the Court, we traditionally follow the “going and…