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BAKER v. S.D. WARREN CO.

Docket: WCB-09-626

3 A.3d 380 (2010)

2010 ME 87

John BAKER v. S.D. WARREN COMPANY et al.

Supreme Judicial Court of Maine.

Decided: August 26, 2010.

Attorney(s) appearing for the Case

Richard D. Tucker, Esq . (orally), Tucker Law Group, Bangor, ME, for S.D. Warren Company.

James J. MacAdam, Esq . (orally), Nathan A. Jury, Esq. , David E. Hirtle, Esq. , MacAdam Law Offices, P.A., Portland, ME, for John Baker.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

MEAD, J.

[¶ 1] S.D. Warren Company appeals from a decision of a Workers' Compensation Board hearing officer (Collier, HO) granting John Baker's petitions for restoration and awarding him ongoing total incapacity benefits subject to allowable offsets, including an offset for a lump sum disability payment. When calculating the offset, the hearing officer applied a newly promulgated rule, Me. W.C.B. Rule, ch. 9, § 2 (effective Sept. 16, 2009), which...

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