CHURCH v. McKEE


387 A.2d 754 (1978)

Edwin M. CHURCH v. Arthur C. McKEE, Sr. and/or United States Fidelity & Guaranty Company.

Supreme Judicial Court of Maine.

June 23, 1978.


Attorney(s) appearing for the Case

Wathen & Wathen by Warren E. Winslow, Jr. (orally), Augusta, for plaintiff.

Clyde L. Wheeler, (orally), Waterville, Leon V. Walker, Jr. (orally), Asst. Atty. Gen., Augusta, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.


GODFREY, Justice.

The employer and his insurance carrier appeal from a decree of the Industrial Accident Commission denying their request that a portion of the employee's disability payments be made from the Second Injury Fund established under 39 M.R.S.A. § 57. The parties agree that the employee Edwin M. Church is entitled to compensation for total permanent incapacity. The appeal involves a dispute about the source of the compensation payments.

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