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CLARK v. INTERNATIONAL PAPER CO.

638 A.2d 65 (1994)

Lyndon CLARK, et al. v. INTERNATIONAL PAPER CO. Lynda BYRNS v. BATH IRON WORKS, et al. Harold DUTILLE v. CHRISTIAN CIVIC LEAGUE. Loraine MERRILL-KUNESH v. AREA IV MENTAL HEALTH SERVICES. Deborah MAYO, et al. v. Dr. Gary BARKER, et al.

Supreme Judicial Court of Maine.

Decided March 2, 1994.

Attorney(s) appearing for the Case

Ralph L. Tucker (orally), Jeffrey L. Cohen, McTeague, Higbee, Libner, MacAdam, Case & Watson, Topsham, Paul F. Macri, Berman & Simmons, Stephen Kottler, Hardy, Wolf & Downing, Lewiston, Jennifer F. Kreckel, Preti, Flaherty, Beliveau & Pachios, Rumford, for employees.

John H. King, Jr. (orally), William O. LaCasse, Norman, Hanson & DeTroy, James C. Hunt, Robinson, Kriger, McCallum & Greene, P.A., Portland, for employers.

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

WATHEN, Chief Justice.

In each of these cases, the Workers' Compensation Board dismissed the employee's petition for permanent impairment benefits on condition that the employee could reinstate the petition if the Board's Rule 1.4(A) were invalidated. The employers appeal, contending that the petitions should have been unconditionally dismissed and that Rule 1.4(A) violates the current Workers' Compensation Act. Because the...

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