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COSTALES v. S.D. WARREN CO.

832 A.2d 790 (2003)

2003 ME 115

Rafael COSTALES v. S.D. WARREN CO. et al.

Supreme Judicial Court of Maine.

Decided: September 19, 2003.

Revised: October 15, 2003.

Reconsideration Denied October 15, 2003.

Attorney(s) appearing for the Case

Anna Tesmenitsky, Esq. (orally), James J. MacAdam, Esq., MacAdam Law Offices, Portland, for employee.

Kevin M. Gillis, Esq. (orally), Troubh, Heisler & Piampiano, P.A., Portland, for employer.

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

SAUFLEY, C.J.

[¶ 1] Rafael Costales appeals from the decision of a hearing officer of the Workers' Compensation Board (McCurry, HO), denying his petition for restoration and applying the "retiree presumption," which presumes that an employee who terminates active employment and receives nondisability retirement benefits has no loss of earnings or loss of earning capacity, and is therefore not entitled to incapacity benefits. 39-A M.R.S.A. § 223 (2001...

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