SMITH v. SMITH


414 A.2d 220 (1980)

Basil E. SMITH v. Keith SMITH.

Supreme Judicial Court of Maine.

Decided May 9, 1980.


Attorney(s) appearing for the Case

Francis J. Hallissey (orally), Machias, for plaintiff.

Mitchell & Stearns by Kevin Cuddy (orally), Bangor, for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, GLASSMAN and ROBERTS, JJ.


MEMORANDUM OF DECISION.

The employee, Basil E. Smith, appeals from a pro forma decree of the Superior Court affirming the denial by the Workers' Compensation Commission of his petition for compensation benefits. The record provides evidentiary support for the commissioner's conclusion that the employee's heart attack on November 16, 1977, did not occur "in the course of" his employment. See 39 M.R.S.A. §§ 51, 99 (1978). The commissioner could reasonably...

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