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MORRISSETTE v. KIMBERLY-CLARK CORP.

837 A.2d 123 (2003)

2003 ME 138

Anita MORRISSETTE v. KIMBERLY-CLARK CORPORATION.

Supreme Judicial Court of Maine.

Decided: December 4, 2003.

Attorney(s) appearing for the Case

Wayne W. Whitney (orally), Mcteague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employee.

Daniel F. Gilligan (orally), Troubh, Heisler & Piampiano, P.A., Portland, for employer.

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

CLIFFORD, J.

[¶ 1] Kimberly-Clark Corporation appeals from a decision of a hearing officer of the Workers' Compensation Board (Elwin, HO) granting the petition of its employee, Anita Morrissette, for restoration of benefits. Kimberly-Clark contends that the retroactive application of 39-A M.R.S.A. § 224 (Supp.2002) to determine Morrissette's level of benefits was a violation of the constitutional doctrine of separation of powers because it altered...

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