Document 91qqjk2Y20KGaakarkOQpqDBL

RICHARD D. HEWES RICHARD N. HEWES ALAN R. NYE MARGARET C. HEWES He w e s &. Ny e ATTORNEYS AT LAW 48 FREE STREET PORTLAND, MAINE 04101 AREA CODE 207 TELEPHONE 773-2000 FACSIMILE 871-8630 JMi4- December 28, 1993 r edac t ed Re: Sherwin Williams v. Dear Thank you for your letter to me dated November 19, 1993. I regret that a copy of Sherwin Williams' calculations was not included with my November 19, 1993 letter. I enclose a copy of a summary of benefits paid to you, which summary was prepared by Sherwin Williams Company. I am having difficulty integrating Sherwin Williams' calculations with the calculations set forth by Peter Mills in his October 3, 1991 letter. I am sending a copy of this letter and Attorney Mills' October 3, 1991 letter to Anthony J. Colangelo, Manager of the Workers' Compensation Department of Sherwin Williams Company. By copy of this letter I am requesting that he review Peter Mills' calculations in light of his calculations. I will communicate with you after I hear from Mr. Colangelo. Very truly yours </?. V>. H Richard D. Hewes RDH/elm Enclosures cc:. Anthony J. Colangelo^ leavitt.rdh 0007-SWP-005803004 CONFIDENTIAL BENEFITS REDACTED LONG TERM BENEFITS PAID BY SHERWIN WILLIAMS TO EMPLOYEE 8/21/90 - 2/29/92 (79.7137 weeks) LONG TERM DISABILITY ENTITLEMENT: PER WEEK:$ 471.87; PER MONTH: $2043.25; PER YEAR: $24,519.00 8/21/90 to 10/1/91= 58.2857 weeks X $471.87= LTD $27,503.27 10/2/91 to 2/29/92= 21.428 weeks x 259.81= LTD 5,567.21 TOTAL LTD PAID $33.070.48 WORKERS' COMPENSATION BENEFITS PAID BY CRAWFORD & COMPANY TO EMPLOYEE From 8/21/90 to 2/29/92 (79.7137 weeks) 8/21/90 to 10/1/90= 58.2857 weeks x $125.27= W.C. Benefits $7,300.57 Pd to EE 10/2/91 to 2/29/9^= 21.428 weeks x 259.81= W.C. Benefits 5.567.21 Pd to EE TOTAL WORKERS' COMPENSATION BENEFITS PAID: $12.867.78 TOTAL ENTITLEMENT From 8/21/90 to 2/29/92 (79.7137 weeks) (Total weeks) (LTD Benefits) Total Employee entitled to: 79.42857 x 471.87 = $37,479.96 Employee Received $33.070,48 Employee Received 12 867.78 Total Received 45.938.26 - 37.614.50 $ 8,323.76 from Sherwin Williams (LTD) from Crawford & Company (W.C.) from Both Sources Entitlement for 79.7137 weeks OVERPAYMENT 0007-SWP-005803005 CONFIDENTIAL N41627.01 CARL R. WRIGHT S. PETER MILLS NANCY DIESEL MILLS PAUL SUMBERG WRIGHT & MILLS, P.A. ATTORNEYS AT LAW ate WATER STREET P. O. BOX 9 SKOWHEGAN, MAINE 04976-0009 TELEPHONE (207) 474-3324 FAX (207) 474-3609 October 3, 1991 Richard N. Hewes, Esquire Douglas, Whiting & Quinn, 103 Exchange Street P.O. Box 7108 Portland, ME 04112 P.A. REDACTED Re : v. Sherwin-Williams and Travelers Insurance Co, Dear Dick: Under the decree, $830.9 1 x 2/3 x 70%) . compensation rate is $387.76 weekly (AWW From 1/29/90 through Sherwin-Williams and the sums received, I any compensation for 8/20/90, was on salary continuation from also received some residual bonuses. Because of think it is fair to say that is not owed the period through 8/20/90. On 8/21/90, he converted from salary an LTD policy that had been paid for and partly by him (44.9%). continuation to benefits under partly by the company (55.1%) During the remainder of 1990, there were 18 full weeks of workers' compensation that fell due for a total of $6,979.68 (18 x $387.76). As an offset against his workers' compensation, was paid taxable LTD benefits totalling $4,916.13 (4 x $11'25.83 plus a partial month of $412.81). His total compensation of $6,979.68 when offset by $4,916.13 yields a net compensation check due of $2,063.55 through 1990. For 1991, there have been 39 weeks from 1/1/91 through 10/1/91; and this equates to compensation benefits of $15,122.64 (39 x $387.76). There have also been 9 full months of taxable LTD benefits at $1,125.83 per month for a total of $10,132.47. When this is deducted from the above compensation figure, it yields a net of $4,990.17 for 1991 ($15,122.64 - $10,132.47). In summary, his entitlement to compensation should be as follows: for 1990 'for 1991 $6,979.68 - $4,916.13 $ 1 5 , 1 22.64 - $10,132.47 net total through 10/1/91 plus interest (3.5%) total $2,063.55 $4,990.17 $7,053.72 $246.85 $7 , 300.57 O007-SWP-005 803006 CONFIDENTIAL N41627.02 REDACTED Richard N. Page 2 October 3 , Hewes, 1991 Esquire I have calculated interest as follows. By the time this decree is paid, the petition will have been on file for a total of 14 months which would, ordinarily, entitle the recipient to 7% interest (6% per annum); but because the amounts have fallen due on a week by week basis during the pendency of the proceedings, it is appropriate to cut the interest rate in half in order to approximate the calculation for interest on each payment as it fell due. From 10/1/91 onward until LTD benefits run out on August 20, 1992, I think his weekly compensation check should be $127.95 calculated as follows. The taxable LTD amount is $1,125.83 per month. When you multiply this figure by 12 and divide it by 52, you arrive at a figure of $259.81 as the weekly value of the taxable LTD benefit. When you deduct this figure from $387.76, it yields a net compensation payment of $127.95. In support of these various calculations, you will find enclosed: A letter from the LTD carrier enclosing their worksheet explaining how benefits have been calculated. W-2 from the LTD carrier for 1990 summarizing the amounts paid. Various LTD pay stubs for 1990 and the first part of 1991 documenting the amount paid as taxable and non-taxable benefits. Also enclosed you will find copies of those medical bills that we know about. We will check to see what others there may be. We will also check concerning claim for travel expenses. It is not likely to be significant. I am forwarding a copy of this letter together with its enclosures directly to the company in order to save you the trouble. Yours very truly, Wright & Mills, P.A. SPM/dm Enclosures cc: Travelers Insurance Co. S. Peter Mills, Esquire 0007-SWP-005803007 CONFIDENTIAL