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FERNALD v. SHAW'S SUPERMARKETS, INC.

Docket: WCB-06-784.

946 A.2d 395 (2008)

2008 ME 81

Leanne FERNALD v. SHAW'S SUPERMARKETS, INC. and William J. Babine v. Bath Iron Works.

Supreme Judicial Court of Maine.

Reargued: February 14, 2008.

Decided: May 8, 2008.

Attorney(s) appearing for the Case

John H. King, Esq., William O. LaCasse, Esq., James D. Poliquiri, Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, ME, for Shaw's Supermarkets, Inc. and Bath Iron Works Corporation.

Jennifer S. Higgle, Esq. (orally), Germani & Riggle, LLC, Portland, ME, for Central Maine Orthopaedics.

Steven L. Johnson, Esq. (orally), Kozak & Gayer, PA, Augusta, ME, for Maine Hospital Association.

Dissent: SAUFLEY, C.J., and CLIFFORD, and ALEXANDER, JJ.

MEAD, J.

[¶ 1] In these consolidated cases, the employers, Shaw's Supermarkets and Bath Iron Works, appeal from decisions of a Workers' Compensation Board hearing officer (Goodnough, HO) granting Central Maine Orthopedics' (CMO) petitions for payment of medical and related services. The hearing officer determined that amounts charged by CMO for the services provided to the injured employees constitute CMO's "usual and customary charges" pursuant to 39...

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