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D'AMATO v. S.D. WARREN CO.

832 A.2d 794 (2003)

2003 ME 116

Alan D'AMATO v. S.D. WARREN COMPANY.

Supreme Judicial Court of Maine.

Decided: September 19, 2003.

Attorney(s) appearing for the Case

Mark V. Franco, Esq. (orally), Thompson & Bowie, LLP, Portland, for employee.

Thomas E. Getchell, Esq. (orally), Troubh, Heisler & Piampiano, P.A., H. Peter Del Bianco, Esq., Lambert Coffin, Portland, for employer.

Jonathan S.R. Beal, Esq. (orally), Portland, for John McCurry.

William L. Vickerson, Esq. (orally), Levenson, Vickerson & Beneman, Portland, for Heidi Johnson.

Jonathan G. Mermin, Esq., Preti Flaherty Beliveau Pachios & Haley, LLC, Portland, for Maine Council of Self-Insurers and Maine State Chamber of Commerce.

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

LEVY, J.

[¶ 1] S.D. Warren Co. appeals from a decision of a hearing officer of the Workers' Compensation Board (Johnson, HO) granting Alan D'Amato's petitions for award and restoration of workers' compensation benefits. The appeal challenges the authority of the hearing officer to issue a decision in January 2003 following hearings held in September and November 2002. We affirm the decision concluding that although the hearing officer's appointment by...

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