PHELAN v. ST. JOHNSBURY TRUCKING


526 A.2d 584 (1987)

James PHELAN v. ST. JOHNSBURY TRUCKING and Royal Ins. Company. James PHELAN v. ST. JOHNSBURY TRUCKING and Transport Ins. Company.

Supreme Judicial Court of Maine.

Decided May 27, 1987.


Attorney(s) appearing for the Case

James E. Case, McTeague, Higbee, Libner, Reitman, MacAdam & Case, Brunswick, for Phelan.

Richard F. VanAntwerp, (orally), Robinson, Kriger & MacCallum, Portland, for Transport Ins. Co.

Theodore H. Kirchner, (orally), Norman, Hanson & Detroy, Portland, for Royal Ins. Co.

Before McKUSICK, C.J., ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.


ROBERTS, Justice.

In this apportionment case, Royal Insurance Company (Royal) appeals from a decision of the Workers' Compensation Commission that Transport Insurance Company (Transport) is responsible for only 25% of the compensation payable by Royal to the employee, Phelan. The parties agree that it is not possible to determine the extent to which previous occupational injuries contributed to Phelan's single incapacitating condition. Royal contends that because...

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