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DUDLEY v. BURNS & ROE CONST. GROUP

784 A.2d 511 (2001)

2001 ME 161

Leon E. DUDLEY v. BURNS & ROE CONSTRUCTION GROUP et al.

Supreme Judicial Court of Maine.

Decided: November 28, 2001.

Attorney(s) appearing for the Case

Douglas S. Kaplan (orally), Kaplan & Grant, Portland, for employee.

Richard D. Bayer (orally), MEMIC, Portland, for employer.

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

SAUFLEY, J.

[¶ 1] Burns & Roe Construction Group appeals from a decision of a hearing officer of the Workers' Compensation Board granting the employee's petition to calculate his compensation rate. The hearing officer concluded that the employee, whose average weekly wage exceeds the statutorily established benefit cap, is entitled to an annual adjustment in benefits as the benefit cap is adjusted pursuant to 39-A M.R.S.A. § 211 (2001). The employer...

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