A decision involving a workers’ compensation stress claim was issued by an Administrative Law Judge earlier this year that addressed the issue of increased work duties. The employee was given additional job duties after the departure of two co-workers. There was no dispute by the employer that the employee’s duties increased, that she performed them well and kept up as best she could, or even that the work was more than one person could handle. The employer argued that this type of increased workload does not meet the definition of extraordinary and unusual under the Act. The Judge disagreed. The Judge also found that the employee’s reaction to the increase duties was not just a matter of misperception, and found that her “inclination towards working hard” was not “dysfunctional or inappropriate in any way.” On those grounds, among others, the Judge granted the employee’s claim for the sought period of incapacity benefits. Although the facts of this case might be more dramatic than other situations of increased workload leading to stress, it certainly opens that door so all employers…Read More
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Rudman • Winchell's Practice Groups
Individual • Family
Rudman Winchell attorneys provide expert guidance and on matters involving all aspects of Maine individual and family law including Divorce, Probate, Elder Law, Wills and Estate Planning.
Business • Corporate
Rudman Winchell business attorneys regularly represent clients in all aspects of business and corporate law.
Litigation • Trials
Rudman Winchell’s trial lawyers have extensive experience in both federal and state courts in a vast array of civil matters as well as criminal defense.
Municipal • Government Law
Rudman Winchell represents clients' interests in administrative and enforcement proceedings before government agencies and boards, including appeals.
Insurance • Workers Compensation
Rudman Winchell’s insurance law attorneys offer specialized representation to insurance companies and their insureds.
Real Estate • Property
Rudman Winchell has a broad Maine based real estate practice. Our real estate attorneys provide representation of banks and other lending institutions
Employment • Labor Law
Rudman Winchell’s experienced Employment and Labor attorneys advise clients on preventive strategies and positive solutions in Maine labor and workplace law.
Timberlands • Natural Resources
Rudman Winchell is located in the heart of Maine's industrial timberlands, and is a trusted partner of the timber industry and other natural resource based enterprises.
Healthcare • Hospitals
Rudman Winchell provides a comprehensive array of legal services to clients in the health care industry, throughout the state of Maine.
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