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LYDON v. SPRINKLER SERVICES

841 A.2d 793 (2004)

2004 ME 16

Joseph P. LYDON v. SPRINKLER SERVICES et al.

Supreme Judicial Court of Maine.

Decided: February 12, 2004.

Attorney(s) appearing for the Case

James J. MacAdam, Esq. (orally), MacAdam Law Offices, P.A., Portland, for employee.

Robert W. Bower Jr., Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, for employer.

Dissent: CLIFFORD and LEVY, JJ.

SAUFLEY, C.J.

[¶ 1] We are called upon to determine whether a physician may be appointed to serve as an independent medical examiner in a workers' compensation proceeding, pursuant to 39-A M.R.S.A. § 312 (2001), if that physician has performed examinations of other employees at the request of an employer, insurer, or employee, pursuant to 39-A M.R.S.A. § 207 (2001 & Supp. 2003). In the matter before us, a hearing officer of the Workers' Compensation...

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