ALLEN v. BATH IRON WORKS CORP.


728 A.2d 121 (1999)

1999 ME 57

Richard ALLEN v. BATH IRON WORKS CORPORATION.

Supreme Judicial Court of Maine.

Decided April 15, 1999.


Attorney(s) appearing for the Case

Jeffrey L. Cohen (orally), McTeague, Higbee, MacAdam, Case, Watson & Cohen, P.A., Topsham, for employee.

Stephen W. Moriarty, Norman, Hanson & DeTroy, LLC, Portland, for employee.

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


ALEXANDER, J.

[¶ 1] The employer, Bath Iron Works Corp., appeals from a decision of the Workers' Compensation Board granting the employee's petition for award of an inflation adjustment for partial incapacity benefits. Partial incapacity benefits are calculated based on the difference between the employee's average weekly wage at the time of the injury1 and the employee's post-injury earning capacity. See 39 M.R.S.A. §...

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