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SPEAR v. TOWN OF WELLS

922 A.2d 474 (2007)

2007 ME 54

John SPEAR v. TOWN OF WELLS et al.

Supreme Judicial Court of Maine.

Decided: April 24, 2007.

Attorney(s) appearing for the Case

Jeffrey Neil Young (orally), McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employee.

Thomas R. Kelly (orally), Richard D. Bayer, Robinson Kriger & McCallum, Portland, for employer.

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

LEVY, J.

[¶ 1] John Spear appeals from a decision of a Workers' Compensation Board hearing officer (Stovall, HO) awarding him partial benefits for a 1997 work injury to his right shoulder, but denying him benefits for incapacity resulting from injuries to his low back. He contends that the hearing officer erred when treating his back condition as a subsequent nonwork injury pursuant to 39-A M.R.S. § 201(5...

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