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BOWIE v. DELTA AIRLINES, INC.

661 A.2d 1128 (1995)

William B. BOWIE, v. DELTA AIRLINES, INC. and Hanover Insurance Company.

Supreme Judicial Court of Maine.

Decided July 18, 1995.

Attorney(s) appearing for the Case

Peter B. Bickerman (orally), Lipman & Katz, P.A., Augusta, for employee.

Jane E. Skelton (orally), Rudman & Winchell, Bangor, for employer.

John A. Woodcock, Jr., Weatherbee, Woodcock, Burlock & Woodcock, P.A., Bangor, for amici curiae Great Northern Paper, Champion Int'l Paper, Eastern Me. Med. Center.

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

GLASSMAN, Justice.

The employee, William Bowie, appeals from a decision of the Workers' Compensation Board denying his petition for review based on his failure to rebut the presumption set forth in 39-A M.R.S.A. § 223 (Supp.1994-95). Bowie contends that the presumption does not apply to him because he was receiving benefits at the time of his retirement, he was employed at light duty status and his retirement was involuntary. Bowie also argues that even if section...

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