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PENDEXTER v. TILCON OF MAINE, INC.

724 A.2d 618 (1999)

1999 ME 34

Barry PENDEXTER v. TILCON OF MAINE, INC. and Hartford Insurance Co.

Supreme Judicial Court of Maine.

Decided February 17, 1999.

Attorney(s) appearing for the Case

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

Robert W. Bower, Jr., Norman, Hanson & DeTroy, LLC, Portland, for employer.

Before WATHEN, C.J. and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

ALEXANDER, J.

[¶ 1] Barry Pendexter appeals from a decision of the Workers' Compensation Board granting, in part, his petition for restoration. The issue in this appeal is whether the workers' compensation retiree presumption applies to an employee who returns to work after an initial period of retirement. 39-A M.R.S.A. § 223 (Supp.1998). We affirm.

[¶ 2] Pendexter suffered a work-related low back and left leg injury on October 16, 1985, while...

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