TOP WORKERS’ COMP OFFICER REAFFIRMS PERCEPTION PROBLEM

Sighinolfi removes impartial hearing officer after private meeting with LePage officials and mill managers

AUGUSTA—The Legislature’s Labor Committee held its first meeting with Paul Sighinolfi, Executive Director of the Workers’ Compensation Board, about the removal of an impartial hearing officer from cases involving the NewPage mill after NewPage representatives complained to Sighnolfi and LePage administration officials in a private meeting.

“It’s hard to ‘un-do’ what was done in secret. Mr. Sighinolfi’s unilateral decision has blemished a system meant to be fair and impartial,” said Senator John Patrick of Rumford, the Senate Chair of the Labor, Commerce, Research and Economic Development Committee. “What we learned today is disturbing: management complained to the top-guy in charge, then the impartial hearing officer was reassigned without any public discussion, without any notice to the other six member of the Workers’ Comp Board, and without any input from labor. This special treatment for management allowed them to pick their own judge.”

Following complaints from NewPage mill officials that hearing officer Glenn Goodnough was deciding cases against the mill, Sighinolfi took unilateral action that removed Goodnough from deciding workers’ compensation claim disputes he would have otherwise reviewed.

The unilateral decision was made in 2011 shortly after mill representatives met with Governor LePage’s senior advisor John Butera, DECD Commissioner George Gervais, then-Labor Commissioner Robert Winglass, and Paul Sighinolfi. However, the change did not become public for nearly three years.

“By making this decision by himself and then not even informing the Workers’ Comp Board, Mr. Sighinolfi single-handedly created–or perhaps even reinforced–a perception problem for a system meant to be immune to meddling,” said Senator Patrick, who is also an employee of the NewPage mill. “This should not be a pick-your-own-judge-justice system.”

The mission of the Workers’ Compensation Board is to serve workers and employers “fairly and expeditiously” by ensuring workers compensation laws are followed. The Board is comprised of three members from management, three members from labor, and Mr. Sighinolfi. Impartial hearing officers review workers’ compensation disputes between injured workers and employers.

“If there is even the perception the system is out of balance, then it doesn’t work for anyone,” said Representative Erin Herbig of Belfast who serves as the House Chair of the Labor, Commerce, Research and Economic Development Committee. “What kind of signal does this send to business, workers, or even the hearing officers themselves? I worry that this system has been compromised for all involved.”

The committee meeting concluded with remarks from Rep. Anne-Marie Mastraccio, Rep. Erin Herbig, and Senator John Patrick noting the need to digest the information provided by Mr. Sighinolfi. The committee will likely reconvene in the coming days to discuss further action.