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CESARE v. GREAT NORTHERN PAPER CO., INC.

697 A.2d 1325 (1997)

1997 ME 170

Peter CESARE v. GREAT NORTHERN PAPER CO., INC.

Supreme Judicial Court of Maine.

Decided July 24, 1997.

Attorney(s) appearing for the Case

Wayne W. Whitney, James G. Fongemie (orally), McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, for employee.

John A. Woodcock, Jr. (orally), Weatherbee, Woodcock, Burloack & Woodcock, P.A., Bangor, for employer.

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

ROBERTS, Justice.

[¶ 1] Great Northern Paper Company, Inc., appeals from the decision of the Workers' Compensation Board denying Great Northern's petition for review of the 100% partial incapacity benefits being paid to Peter Cesare. Great Northern contends that the Board erred by failing to apply the retiree presumption of 39-A M.R.S.A. § 223 (Supp. 1996) and by ruling that Great Northern had not met its burden pursuant to 39-A M.R.S.A. § 205(9)(B...

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