LEIGHTON v. S.D. WARREN COMPANY


883 A.2d 906 (2005)

2005 ME 111

Arthur LEIGHTON v. S.D. WARREN COMPANY et al.

Supreme Judicial Court of Maine.

Decided: October 20, 2005.


Attorney(s) appearing for the Case

James A. MacAdam, Anna Priluck (orally), MacAdam Law Offices, P.A., Portland, for employee.

Thomas E. Getchell (orally), Troubh Heisler Piampiano Hark Andrucki, Portland, for employer.

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


SAUFLEY, C.J.

[¶ 1] In this appeal from a decision of a hearing officer of the Workers' Compensation Board (Dunn, HO), we are called upon to decide which party has the burden of proof with regard to whether the employer had contemporaneous notice that payments made for a later injury related in part to a prior injury, thereby tolling operation of the statute of limitations for the prior injury, 39 M.R.S.A. §...

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