In Case No. 2000-422, Pro Con Construction, Inc., d/b/a Pro Con Construction Company v. Acadia Insurance Company, the court on March 12, 2002, made the following order:

The slip opinion issued on March 5, 2002, is modified as follows:

The parenthetical to the citation in the second sentence of the first full paragraph on page 3 of the slip opinion is modified, so that said paragraph shall state as follows:

Decorative Concepts’ ongoing operations consisted of interior painting. The injuries did not occur while the employee was engaged in any task related to Decorative Concepts’ painting operations, cf. Merchants Ins. Co. of New Hampshire, Inc. v. USF&G, 143 F.3d 5, 9 (1st Cir. 1998) (concluding coverage warranted when subcontractor's employee injured while performing task assigned to subcontractor), or near Decorative Concepts’ painting operations. Therefore, no nexus exists between the painting operations and the injuries, and thus the required causal connection between the injuries and Decorative Concepts’ painting operations does not exist.

This order shall not extend the time for filing a motion for rehearing or reconsideration of the slip opinion issued on March 5, 2002.

Nadeau, Dalianis and Duggan, JJ., concurred.


Eileen Fox,

Date of clerk’s notice of decision: March 13, 2002