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CELENTANO v. DEPT. OF CORRECTIONS

887 A.2d 512 (2005)

2005 ME 125

Michael CELENTANO v. DEPARTMENT OF CORRECTIONS.

Supreme Judicial Court of Maine.

Decided: December 22, 2005.

Attorney(s) appearing for the Case

Laura Lee Klein, Esq. (orally), Peter B. Dublin, Esq., Worker Advocate Division, Bangor, for employee.

G. Steven Rowe, Attorney General, Stephen J. Sucy, Asst. Atty. Gen. (orally), Matthew Pollack, Asst. Atty. Gen., Augusta, for defendant.

James J. MacAdam, Esq., Anna Priluck, Esq., Nathan Jury, Esq., MacAdam Law Offices, Portland, for amicus curiae.

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

CALKINS, J.

[¶ 1] The State of Maine Department of Corrections appeals from a decision of a hearing officer of the Workers' Compensation Board (Elwin, HO) awarding benefits to Michael Celentano. Celentano, who had an asymptomatic back condition, was injured when he tripped over a table leg at his job at the Maine State Prison. The Department of Corrections contends that the hearing officer erred in failing to apply the legal causation standard from

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