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TUCKER v. ASSOCIATED GROCERS OF MAINE, INC.

Docket: WCB-08-41.

959 A.2d 75 (2008)

2008 ME 167

Randall K. TUCKER v. ASSOCIATED GROCERS OF MAINE, INC., et al.

Supreme Judicial Court of Maine.

Decided: November 6, 2008.

Attorney(s) appearing for the Case

Cara A. Lovejoy, Esq. (orally), Robinson, Kriger & McCallum, Twelve Portland, ME, for Associated Grocers of Maine, Inc.

Wayne W. Whitney, Esq. (orally), McTeague Higbee Case Cohen Whitney & Toker, Topsham, ME, for Randall K. Tucker.

Concurrence: LEVY, and SILVER, JJ.

GORMAN, J.

[¶ 1] Associated Grocers of Maine, Inc., (AGM) appeals from a decision of a Workers' Compensation Board hearing officer (Elwin, HO) granting Randall K. Tucker's petition for review. AGM contends that the hearing officer erred in awarding Tucker 100% partial benefits and ongoing partial benefits based on part-time earning capacity because, although Tucker has full-time, light duty earning capacity, he elected to attend school on a full-time basis...

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