MORSE v. FLEET FINANCIAL GROUP


782 A.2d 769 (2001)

2001 ME 142

Judith MORSE v. FLEET FINANCIAL GROUP.

Supreme Judicial Court of Maine.

Decided: October 18, 2001.


Attorney(s) appearing for the Case

Paul M. Boots, Esq. (orally), Portland, for employee.

Thomas R. Kelly, Esq. (orally), Darby C. Urey, Esq., Robinson Kriger & McCallum, Portland, for defendant.

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


ALEXANDER, J.

[¶ 1] Fleet Financial Group appeals from a decision of a hearing officer of the Workers' Compensation Board, granting an employee's petition for award and awarding benefits for total incapacity pursuant to 39-A M.R.S.A. § 212 (2001). We agree with Fleet that, absent a finding of a total physical incapacity, it was error to award benefits for total incapacity based on the combination of a partially incapacitating injury and personal characteristics...

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