Matthews v. R. T. Allen & Sons, Inc.

Decision Date08 June 1970
Citation266 A.2d 240
PartiesArthur MATTHEWS v. R. T. ALLEN & SONS, INC. and Liberty Mutual Insurance Co.
CourtMaine Supreme Court

Silsby & Silsby, by Frank B. Walker, Ellsworth, for plaintiff.

Robinson, Richardson & Chapman, by Clement F. Richardson, and Robert L. Hazard, Jr., Portland, for defendants.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ.

WEATHERBEE, Justice.

On May 1, 1969 an Industrial Accident Commissioner rendered a decree denying an award of compensation to the Petitioner. Both Petitioner and Employer received the decree on May 13. Petitioner, mistaking his remedy, sought to appeal from this denial by following the procedure provided by M.R.C.P., Rule 80B for review of action by a governmental agency instead of that specifically required in Workmen's Compensation matters by 39 M.R.S.A., sec. 103. He filed a complaint in the office of the Clerk of Courts of Hancock County on June 2, 1969 asking the Superior Court to set aside the Commissioner's decree attaching to the complaint an attested copy of that decree.

The Defendant moved to dismiss the complaint. On September 3 a Justice of the Superior Court entertained the attempted appeal and Defendant's motion to dismiss. He ruled that Petitioner's complaint was in fact a formal presentation of the decree of the Commissioner. He denied Defendant's motion to dismiss the 'complaint-appeal' and issued the pro forma decree authorized by section 103. Petitioner immediately appealed from the pro forma decree and Defendant appealed from the Justice's denial of its motion to dismiss the 'complaint-appeal'. The matter comes to us on both appeals. Petitioner's appeal goes to the merits of his claim for compensation but resolution of the threshold question of the validity of his appeal first demands our attention.

We have on previous occasions examined the singular provisions of our statute concerning decrees of the Industrial Accident Commission. In Middleton's Case, 136 Me. 108, 3 A.2d 434 (1939) we observed that the pro forma decree serves a dual purpose. It is the instrument which gives enforceability to the Commission's decree and it serves the basis for an appeal from the decree. The time periods which determine the validity of an appeal are as provided by the statute. Section 103 reads, in pertinent part:

'Any party in interest may present copies, certified by the clerk of the commission, of any order or decision of the commission or of any commissioner, or of any memorandum of agreement approved by the Commissioner of Labor and Industry, together with all papers in connection therewith, to the clerk of courts for the county in which the accident occurred; or if the accident occurred without the State, to the clerk of courts for the County of Kennebec. Whereupon any Justice of the Superior Court shall render a pro forma decree in accordance therewith and cause all interested parties to be notified. * * *

* * * There shall be no appeal from a decree based upon any order or decision of the commission or of any commissioner unless said order or decision has been certified and presented to the court within 20 days after notice of the filing thereof by the commission or by any commissioner; and unless appeal has been taken from such pro forma decree within 10 days after such certified order or decision has been so presented. * * *' (Emphasis added)

The first requirement for appeal is the filing of the Commission's decree in the Superior Court. Petitioner's complaint with the attached copy of the Commissioner's decree was filed in the Clerk's office within the required 20 day period. The Justice construed the complaint to be a formal presentation of the Commissioner's decree satisfying the statutory requirement and his ruling seems to us to be correct in view of the policy of the law that the Act should receive liberal construction. Simmon's Case, 117 Me. 175, 103 A. 68 (1918). The Petitioner's filing of the Commissioner's decree was timely.

The statute then requires a Superior Court Justice to render a pro forma decree in accordance with the Commissioner's decision. There is no time limit within which this must be done in order for it to become the basis for either enforcement of the Commissioner's decree or of an appeal.

As Middleton recognized, the schedules of Superior Court Justices may frequently result in extended intervals between appearances of a Justice in some counties. Either party to a proposed appeal is then free to seek out a Justice elsewhere to whom a pro forma decree may be presented for signature if the party considers the delay oppressive.

The initial aspect of the controversy here concerns the statutory provision regarding the appeal from the pro forma decree. The Defendant argues that the appeal must be taken within ten days of the time the certified order of the Commissioner was presented to the Clerk of Courts. The language of the statute could certainly be so construed.

This issue was considered by this Court in Middleton. There, delay of several weeks occurred between presentation of the certified order of the Commissioner to the Clerk of Courts and the rendering of the pro forma decree. The appeal was taken within ten days of the date of the pro forma decree but several weeks after the presentation of the certified order to the Clerk of Courts. The Court said flatly '(T)he appeal was within ten days'.

It is evident that the Court, after reviewing the difficulties inherent in requiring the appellant to obtain the rendering of a pro forma decree within a period too brief to coincide with the travels on circuit of a Justice of the Superior Court concluded that the Legislature must have intended that an appellant's appeal is timely if filed within ten days of the pro forma decree.

This interpretation of the statute's language was made in 1939. If the Court incorrectly construed the Legislature's language the Legislature has had many opportunities to make its intention certain by amendment but this has not been done. It is apparent to us from a review of the records of many such appeals that have come before us that the members of the Bar have relied upon the liberal construction given by Middleton thirty-one years ago and that most such appeals would not have been within the time limit which Defendant contends the language of the statute requires.

We decline to overrule Middleton. The appeal was timely.

In the usual appeal from a decree of an Industrial Accident Commissioner, the Commissioner's findings of fact are final if they are supported by competent evidence and reasonable inferences which may be drawn therefrom. 39 M.R.S.A. § 99; Starbird v. Livermore Shoe Company, Me., 239 A.2d 170 (1968); Shaw's Case, 126 Me. 572, 140 A. 370 (1928); Houle v. Tondreau Brothers Company, 148 Me. 189, 91 A.2d 481 (1952). This test is the equivalent of the 'clearly erroneous' rule stated in M.R.C.P. Rules 52(a) and 53(e)(2) and applied by language of equal effect in civil actions involving appeals from findings of fact both before and after the adoption of the Maine Rules of Civil Procedure. Ray v. Lyford, 153 Me. 408, 140 A.2d 749 (1958); Harriman v. Spaulding, 156 Me. 440, 165 A.2d 47 (1960); Field, McKusick and Wroth, Maine Civil Practice, supra, 52.7, 52.8, 53.4.

However, this case is presented to us in an unusual posture. The Commissioner heard no oral testimony and his decree is based upon 1) written reports from doctors, 2) hospital discharge summaries and 3) oral testimony of the Petitioner which was taken before another Commissioner. Although this procedure was followed by agreement of the parties, its effect, especially upon the duties of this Court, requires examination.

39 M.R.S.A. § 98 authorizes hearings before a single Commissioner and empowers the Commission to designate the location of the hearing. Section 99 directs the Commissioner to hear such witnesses as are presented and states 'or by agreement the claims of both parties as to such facts may be presented by affidavits'. This section also authorizes the parties to present their issue to the Commissioner upon an agreed statement of facts. Section 93 provides for the taking and use of depositions under certain circumstances and by recent amendment (P.L.1969, Chap. 386) authorizes the use before the Commission of all forms of discovery available in civil actions in the Superior Court under the Maine Rules of Civil Procedure.

We understand that on occasions, in the interest of time or expense or to accommodate the Commissioner's schedule, the parties agree that one or more witnesses who reside distant from Commissioner A's usual area of operation may be heard by Commissioner B and transcripts of their testimony are furnished Commissioner A in lieu of appearance before him of the witness. There is no statutory provision authorizing the use of this procedure and certainly a party cannot be required, against his wishes, to forego the right to have the tryer of the fact hear all the testimony except under the circumstances stated in section 93. On the other hand, we recognize that there may be instances where the nature of the expected testimony is such that expediency appears to outweigh the value the Commissioner's opportunity to observe the witness and where the parties can properly choose to facilitate disposition of their matter-so long as their choice is freely made-by permitting some testimony to be obtained by the unusual practice followed here.

This practice-while resulting in a saving of time and expense-has two disadvantages which render its use inappropriate in most cases. First, it may often leave a Commissioner who hears only a fragment of a case ill prepared to exercise the responsibility concerning presentation of all available evidence which we discussed in White v. Monmouth Canning Co., Me., 228 A.2d 795 (1967) and in Pelletier v. Pinette, Me., 259 A.2d 25 (1969). Second, if the matter...

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