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KOTCH v. AMERICAN PROTECTIVE SERVICES, INC.

788 A.2d 582 (2002)

2002 ME 19

Arthur W. KOTCH v. AMERICAN PROTECTIVE SERVICES, INC. Donald Wheeler v. Hartt Transportation Systems, Inc.

Supreme Judicial Court of Maine.

Decided: February 6, 2002.

Attorney(s) appearing for the Case

Edward Rabasco Jr. (orally), Verne E. Paradie Jr., Gosselin, Dubord & Rabasco, P.A., Lewiston, Janmarie Toker, James G. Fongemie (orally), McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employees.

Michael H. Smith (orally), MEMIC; William O. LaCasse (orally), Doris V. Rygalski, Norman Hanson & DeTroy, LLC, Portland, for employees.

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

CALKINS, J.

[¶ 1] The employers in this consolidated appeal challenge decisions of hearing officers of the Workers' Compensation Board finding that the employees have permanent whole body impairments exceeding 11.8%. The decisions mean that the employees are not subject to the 260-week limitation for partial incapacity benefits in 39-A M.R.S.A. § 213 (2001). The employers contend that the hearing officers erred in considering the employees' permanent whole...

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