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PERRY v. HARTFORD ACC. AND INDEM. CO.

481 A.2d 133 (1984)

Robert PERRY v. HARTFORD ACCIDENT AND INDEMNITY CO.

Supreme Judicial Court of Maine.

Decided August 13, 1984.

Attorney(s) appearing for the Case

Reagan & Adams, P.A., David P. Cullenberg (orally), Kennebunk, for plaintiff.

Norman & Hanson, John H. King, Jr. (orally) Stephen Hessert, Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

McKUSICK, Chief Justice.

In his action in Superior Court (Cumberland County) against his employer's compensation carrier, plaintiff Robert Perry sought a declaration that the lien provided to his employer by section 68 of the Workers' Compensation Act1 does not extend to the amounts plaintiff had recovered from a third party tortfeasor for pain and suffering and other damages not compensable under the Act. The Superior Court granted summary...

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