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TEMM v. S.D. WARREN CO.

887 A.2d 39 (2005)

2005 ME 118

Alvin TEMM v. S.D. WARREN COMPANY et al.

Supreme Judicial Court of Maine.

Decided: December 6, 2005.

Attorney(s) appearing for the Case

James J. MacAdam, Nathan A. Jury (orally), MacAdam Law Offices, Portland, for employee.

Thomas E. Getchell (orally), Troubh Heisler, Thomas R. Kelly (orally), Darby C. Urey, Robinson Kriger & McCallum, Portland, for employer.

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

LEVY, J.

[¶ 1] This is an appeal from a decision of a hearing officer of the Workers' Compensation Board (Jerome, HO), awarding benefits to Alvin Temm, but reducing the award by the amount Temm receives from an employer-provided disability insurance plan. We granted appellate review to address the following question: "Whether, pursuant to 39-A M.R.S.A. § 221(10) (2001), an employer is entitled to an offset for disability benefits when the disability...

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