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DIONNE v. LIBBY-OWENS FORD CO.

565 A.2d 657 (1989)

Lucien DIONNE v. LIBBY-OWENS FORD CO., et al.

Supreme Judicial Court of Maine.

Decided October 13, 1989.

Attorney(s) appearing for the Case

John C. Milazzo (orally), Zuckerman, Avaunt & Devine, Gray, for plaintiff.

Robert L. Hazard (orally), Allan M. Muir, Richardson & Troubh, Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

WATHEN, Justice.

The employer, Libby-Owens Ford Co., appeals from a decision of the Appellate Division of the Workers' Compensation Commission, vacating an order of the Commission. The Appellate Division held that the Commission has no jurisdiction to determine the employer's right to setoff the employee's net recovery from a third party tort action against the payment of future workers' compensation benefits. We find that the Commission has jurisdiction and we vacate...

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