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WALLACE v. CITY OF SOUTH PORTLAND

592 A.2d 1076 (1991)

James D. WALLACE v. CITY OF SOUTH PORTLAND, et al.

Supreme Judicial Court of Maine.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Graydon Stevens (orally), Kelly, Remmel & Zimmerman, Portland, for plaintiff.

Justin Leary (orally), Robert Laskoff, Lewiston, for defendants.

Before ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS and BRODY, JJ.

ROBERTS, Justice.

The City of South Portland and its insurance carrier appeal a decision of the Appellate Division of the Workers' Compensation Commission holding that the city's employee, James D. Wallace, is entitled to retain payments he received under the city's uninsured motorist coverage in addition to his workers' compensation benefits. Because 39 M.R.S.A. § 68 (1989) permits the employer to recover the proceeds of its uninsured motorist coverage, we vacate...

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