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FLICKINGER v. OAKHURST DAIRY

899 A.2d 784 (2006)

2006 ME 69

Robert FLICKINGER v. OAKHURST DAIRY et al.

Supreme Judicial Court of Maine.

Decided: June 15, 2006.

Attorney(s) appearing for the Case

David A. Chase II, Esq. (orally), Macdonald Chase & Dufour, Bangor, for employee.

James A. McCormack, Esq. (orally), Taylor McCormack & Frame LLC, Portland, for employer.

Concurrence: SAUFLEY, C.J.

ALEXANDER, J.

[¶ 1] Oakhurst Dairy appeals a decision of a Workers' Compensation Board hearing officer (Sprague, HO), determining that Robert Flickinger was entitled to short-term total incapacity benefits for a work injury even though he was terminated after that injury for fighting and insubordination. Oakhurst contends that 39-A M.R.S. § 214(1)(D), (E) (2005) prohibits an award of workers' compensation...

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