TROTTIER v. THOMAS MESSER BUILDERS


921 A.2d 163 (2007)

2007 ME 64

Roland TROTTIER v. THOMAS MESSER BUILDERS et al.

Supreme Judicial Court of Maine.

Decided: May 22, 2007.


Attorney(s) appearing for the Case

Brenda T. Piampiano, Esq. (orally), Piampiano Law Offices, Yarmouth, (for OneBeacon Insurance Co.), for appellant.

Dana Gillespie Herzer, Esq. (orally), Law Offices of Frederick C. Moore, Portland, for appellee.

Philip L. Bartlett II, Esq., Scaccia, Lenkowski & Aranson, Sanford, for employee.

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


SILVER, J.

[¶ 1] This workers' compensation appeal concerns the apportionment of liability for benefits among employers in a multi-injury case in which the employee's current earnings exceed the average weekly wage earned at the time of the first injury. The hearing officer (Stovall, HO) awarded Roland Trottier 100% partial benefits for a closed-end period of time, and ongoing partial benefits. Liability was apportioned between two employers, 80% to Thomas...

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