ROE v. YARMOUTH LUMBER, INC.


785 A.2d 334 (2001)

2001 ME 159

John A. ROE v. YARMOUTH LUMBER, INC. et al.

Supreme Judicial Court of Maine.

Decided: November 20, 2001.


Attorney(s) appearing for the Case

Janmarie Toker, Esq., James G. Fongemie, Esq. (orally), McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employee.

Thomas E. Getchell, Esq. (orally), Troubh, Heisler & Piampiano, P.A., Portland, (for Liberty Mutual Ins. Co.), Michael Smith, Esq. (orally), Memic, Portland, John M. McCallum, Esq., Robinson Kriger & McCallum, Portland, (for Travelers Ins. Co.), for employer.

Panel: CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


CLIFFORD, J.

[¶ 1] The employee, John A. Roe, appeals from a decision of a hearing officer of the Workers' Compensation Board granting Roe's petitions for award, but denying incapacity benefits pursuant to 39-A M.R.S.A. § 214(1)(A) (2001). The hearing officer found that Roe refused an offer of reinstatement without good and reasonable cause, and, accordingly, was disqualified from receiving benefits during the period of the refusal. Roe contends that the...

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