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ROY v. BATH IRON WORKS

Docket: WCB-07-201

952 A.2d 965 (2008)

2008 ME 94

Joseph A. ROY v. BATH IRON WORKS et al.

Supreme Judicial Court of Maine.

Decided: June 10, 2008.

Attorney(s) appearing for the Case

Jeffrey L. Cohen, Esq. (orally), McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, ME, for Joseph A. Roy.

Stephen W. Moriarty, Esq. (orally), C. Lindsey Morrill, Esq., Norman, Hanson & DeTroy, LLC, Portland, ME, for Bath Iron Works, as self-insured.

Evan M. Hansen, Esq., James C. Bush, Esq. (orally), Preti, Flahterty, Beliveau & Pachios, LLP, Portland, ME, for AIG and Bath Iron Works.

Dissent: SAUFLEY, C.J., and MEAD, and GORMAN, JJ.

ALEXANDER, J.

[¶ 1] Joseph A. Roy appeals from a decision of a Workers' Compensation Board hearing officer (Knopf, HO) discontinuing his total incapacity benefits. Roy contends that the hearing officer erred in interpreting 39-A M.R.S. § 201(5) (2007) to require that his benefits be terminated because he suffers from a subsequent, nonwork-related medical condition that is totally disabling, even though he...

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