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BERUBE v. RUST ENGINEERING

668 A.2d 875 (1995)

Bertram W. BERUBE v. RUST ENGINEERING and MGA Insurance Services.

Supreme Judicial Court of Maine.

Decided December 13, 1995.

Attorney(s) appearing for the Case

Ralph Tucker (orally), Maureen Dea, McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, for Employee.

Nelson J. Larkins (orally), Preti, Lfaherty, Beliveau & Pachios, Portland, for Employer.

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

GLASSMAN, Justice.

The employer, Rust Engineering, appeals from a decision of the Workers' Compensation Commission granting the petitions of its employee, Bertram W. Berube, for an award of compensation and to fix the amount to be allowed for a work-related injury sustained by him. Rust contends the Commission erred in determining that, pursuant to 39 M.R.S.A. § 62-B(3)(A)(2) (1989),1 it is entitled to offset against compensation...

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