SMART v. DEPARTMENT OF PUBLIC SAFETY

Docket: WCB-06-567

959 A.2d 756 (2008)

2008 ME 172

Arnold SMART v. DEPARTMENT OF PUBLIC SAFETY.

Supreme Judicial Court of Maine.

Decided: November 20, 2008.


Attorney(s) appearing for the Case

Paul H. Sighinolfi, Esq. (orally), Debra A. Reece, Esq., Rudman & Winchell, LLC, Bangor, ME, for the Department of Public Safety.

Norman G. Trask, Esq. (orally), Currier & Trask, P.A., Presque Isle, ME, for Arnold Smart.

James J. MacAdam, Esq., Anna Priluck, Esq., Nathan A. Jury, Esq., MacAdam Law Offices, P.A., Portland, ME, for amici curiae United Steelworkers of America; International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO Local # 29; United Association of Plumbers & Pipefitters; and International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers Local 7.

Dissent: SILVER, J.


LEVY, J.

[¶ 1] The Department of Public Safety appeals from a decision of a Workers' Compensation Board hearing officer (Sprague, HO) denying its petition for review and assigning a permanent impairment rating of 40% to Arnold Smart for a 1996 mental stress injury resulting from work-related mental stress. The Department contends that it was error to assign a permanent impairment rating to Smart's injury based on the lack of specific numerical ratings...

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