DALEY v. SPINNAKER INDUSTRIES, INC.


803 A.2d 446 (2002)

2002 ME 134

Michael DALEY v. SPINNAKER INDUSTRIES, INC.

Supreme Judicial Court of Maine.

Decided: August 15, 2002.


Attorney(s) appearing for the Case

Alexander F. McCann, (orally), Portland, for employee.

Kevin M. Gillis, (orally), Troubh, Heisler & Piampiano, P.A., Portland, (for Spinnaker Industries), H. Peter Del Bianco Jr., Lambert & Coffin, Portland, (for Sappi Fine Paper), for employers.

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


LEVY, J.

[¶ 1] The employer and employee cross-appeal from a decision of a hearing officer of the Workers' Compensation Board granting the employee's petition by awarding varying rates partial incapacity compensation with an offset to the employer in the amount of severance payments received by the employee after the injury. Because we conclude that the employer failed to meet its burden of proof to show that the severance pay in this case is a "wage continuation...

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