DUNPHE v. O'CONNOR


697 A.2d 421 (1997)

1997 ME 147

Steven DUNPHE v. Thomas O'CONNOR and American International Insurance Co. and NPS Energy Services and Continental Loss Adjusting Co.

Supreme Judicial Court of Maine.

Decided July 11, 1997.


Attorney(s) appearing for the Case

James J. MacAdam, Mary Gay Kennedy (orally), McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, for Employee.

Keith A. Powers, Carl W. Tourigny, Nelson J. Larkins (orally), Preti, Flaherty, Beliveau & Pachios, Portland, (for T. O'Connor & American Int'l), Thomas R. Kelly (orally), Thomas Quartararo, Robinson, Kriger & McCallum, Portland, (for NPS & Continental) for Employers.

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


WATHEN, Chief Justice.

[¶ 1] The employers, Thomas O'Connor and NPS Energy Services, appeal from a decision of the Workers' Compensation Board granting a request from NPS to clarify a prior decision. We conclude that the Board acted beyond its authority and exceeded the permissible bounds of "clarification." Accordingly, we vacate the decision.

[¶ 2] The employee, Stephen Dunphe, suffered a work-related injury in 1984 while employed by O'Connor,...

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