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FARRIS v. GEORGIA-PACIFIC CORP.

844 A.2d 1143 (2004)

2004 ME 14

Richard A. FARRIS v. GEORGIA-PACIFIC CORPORATION et al.

Supreme Judicial Court of Maine.

Decided: February 9, 2004.

Attorney(s) appearing for the Case

James G. Fongemie (orally), Kevin M. Noonan, McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employee.

Kevin M. Cuddy (orally), Cuddy & Lanham, Bangor, for employer.

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

SAUFLEY, C.J.

[¶ 1] In this workers' compensation appeal, the following question is presented: which party has the burden of proof with regard to the percentage of whole body impairment that must be determined in order to apply the cap on compensation benefits set forth at 39-A M.R.S.A. § 213(1) (2001 & Supp.2003) when payments are being made pursuant to an award of compensation or compensation scheme? We conclude that the employer bears the ultimate...

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