SMITH v. DEXTER OIL CO.


432 A.2d 438 (1981)

Wayne A. SMITH v. DEXTER OIL COMPANY and Liberty Mutual Fire Insurance Company.

Supreme Judicial Court of Maine.

Decided July 20, 1981.


Attorney(s) appearing for the Case

C. W. and H. M. Hayes, Robert S. Lingley (orally), Dover-Foxcroft, for plaintiff.

Rudman & Winchell, Michael P. Friedman, William S. Wilson, Jr. (orally), Bangor, for defendant.

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


ROBERTS, Justice.

On February 8, 1977, employee-appellant Wayne Smith was struck on the head and neck by ice sliding from the roof of a house where, apparently, he was delivering oil for his employer, Dexter Oil Company. Pursuant to an approved agreement, Smith began receiving compensation for total disability.

On October 11, 1977, Dexter Oil filed with the Workers' Compensation Commission a petition for review of incapacity. Seventeen months later, in a decision...

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