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BOTHWICK v. STATE

No. 78-253.

119 N.H. 583 (1979)

WILLIAM BOTHWICK v. STATE OF NEW HAMPSHIRE, DEPARTMENT OF EDUCATION & a.

Supreme Court of New Hampshire.

August 17, 1979.

Attorney(s) appearing for the Case

Craig, Wenners, Craig & McDowell, of Manchester (Vincent A. Wenners, Jr., orally), for the plaintiff William Bothwick.

Thomas D. Rath, attorney general (Deborah J. Cooper, assistant attorney general, orally), for the N.H. Department of Education, Robert M. Duvall, Labor Commissioner, and the Board of Trustees of the N.H. Retirement System.

BOIS J.

By petition dated July 29, 1976, the plaintiff, William Bothwick, appealed to the superior court a decision of the labor commissioner (commissioner) awarding workmen's compensation benefits based on a finding of partial disability. RSA 281:37. The plaintiff, claiming total and permanent disability, sought to limit the superior court's review solely to the question of the degree of disability. The commissioner sought to preserve the opportunity for a "full...

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