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DOUCETTE v. PATHWAYS, INC.

759 A.2d 718 (2000)

2000 ME 164

Judith DOUCETTE v. PATHWAYS, INC. et al. and Keith B. Quattrocchi.

Supreme Judicial Court of Maine.

Decided: September 28, 2000.

Attorney(s) appearing for the Case

Gordon H. Smith, Andrew B. MacLean (orally), Maine Medical Association, Manchester, for appellant Keith B. Quattrocchi, party-in-interest.

Christopher J. Cotnoir (orally), Ronald Ducharme, Wheeler & Arey, Waterville, for the appellee.

Richard O'Meara, Murray, Plumb & Murray, Portland, for amicus curiae, Maine Trial Attorneys Association.

Allan Muir (orally), Pierce Atwood, Portland, for amicus curiae, Maine Employers' Mutual.

Sandra L. Parker, Augusta, for amicus curiae, Maine Hospital Association.

James W. Case, McTeague, Higbee, Case, Cohen, Whitney & Toker, Topsham, for amicus curiae, Maine AFL-CIO.

James T. Kilbreth, Verrill & Dana, Portland, for amicus curiae, Anthem Blue Cross and Blue Shield.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, SAUFLEY, ALEXANDER, and CALKINS, JJ.

ALEXANDER, J.

[¶ 1] Keith B. Quattrocchi, M.D. appeals from a decision of a Workers' Compensation Board Hearing Officer requiring that he pay a portion of his medical fees, for treatment of Judith Doucette, to her attorney pursuant to a "common fund" doctrine. Because the Hearing Officer lacked authority to require medical service providers to pay a portion of their fees to the employee's attorney, we vacate the decision.

I. CASE HISTORY

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