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BERRY v. H.R. BEAL & SONS

649 A.2d 1101 (1994)

Thurman BERRY v. H.R. BEAL & SONS et al.

Supreme Judicial Court of Maine.

Decided November 9, 1994.

Attorney(s) appearing for the Case

David A. Chase (orally), MacDonald & Chase, Bangor, for employee.

Wayne P. Doane (orally), Cuddy & Lanham, Bangor, for Commercial Union.

Jane E. Skelton, Rudman & Winchell, Bangor, for Fireman's Fund.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, DANA, and LIPEZ, JJ.

DANA, Justice.

Thurman Berry appeals from a decision of the Appellate Division of the Workers' Compensation Commission, which affirmed the Commissioner's decision that, pursuant to 39 M.R.S.A. § 62-B (1989),1 the employer's insurer was entitled to reduce Berry's workers' compensation benefits by an amount equal to fifty percent of his social security retirement benefits. Berry argues that (1) the application of section 62-B violates...

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