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SUTHERLAND v. PEPSI-COLA BOTTLING CO.

402 A.2d 50 (1979)

Scott A. SUTHERLAND v. PEPSI-COLA BOTTLING COMPANY.

Supreme Judicial Court of Maine.

May 30, 1979.

Attorney(s) appearing for the Case

Allan Woodcock, Jr. (orally), Bangor, for plaintiff.

Norman & Hanson by John M. Wallach (orally), Portland, for defendant.

Before McKUSICK, C. J., and POMEROY, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

DELAHANTY, Justice.

Aggrieved by a decision of the Workers' Compensation Commission, the employer secured a pro forma decree from the Superior Court, Penobscot County, and now prosecutes this appeal. Since we agree with the employer's position that the record fails to demonstrate that the employee gave adequate notice of injury as required by 39 M.R.S.A. § 63, we sustain the appeal and remand the case for further proceedings.

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