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SMITH v. MARKET SQUARE HEALTH CARE

704 A.2d 379 (1997)

1997 ME 237

April SMITH v. MARKET SQUARE HEALTH CARE CENTER and ITT/Hartford Insurance Co.

Supreme Judicial Court of Maine.

Decided December 31, 1997.

Attorney(s) appearing for the Case

Henri A. Benoit, II (orally), Bornstein & Hovermale, Portland, for employee.

Robert C. Brooks (orally), Verrill & Dana, Portland, William O. LaCasse (orally), Norman, Hanson & DeTroy, Portland, for employer.

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

CLIFFORD, Justice.

[¶ 1] April Smith appeals from a decision of the Workers' Compensation Board granting her petition for restoration, but denying continuing benefits based on the Board's application of 39-A M.R.S.A. § 214 (Supp.1997). Pursuant to that section, the Board found that Smith refused a bona fide offer of reasonable reinstatement work without good and reasonable cause. She contends that because her current incapacity is due, in part, to a 1991...

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