AVRAMOVIC v. R.C. MOORE TRANSP., INC.

Docket: WCB-07-680.

954 A.2d 449 (2008)

2008 ME 140

Dragoslav AVRAMOVIC v. R.C. MOORE TRANSPORTATION, INC., et al.

Supreme Judicial Court of Maine.

Decided: September 9, 2008.


Attorney(s) appearing for the Case

James J. MacAdam, Esq., Nathan A. Jury, Esq. (orally), David E. Hirtle, Esq., MacAdam Law Offices, P.A., Portland, ME, for Dragoslav Avramovic.

Evan M. Hansen, Esq., James C. Bush, Esq. (orally), Preti Flaherty Beliveau & Pachios, LLP, Portland, ME, for R.C. Moore Transportation, Inc. and The MMTA Workers' Compensation Trust.

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


ALEXANDER, J.

[¶ 1] Dragoslav Avramovic appeals from a decision of a Workers' Compensation Board hearing officer (Collier, HO) awarding him partial incapacity benefits for a 2003 back injury incurred while working for R.C. Moore Transportation. Avramovic contends that he should have been awarded 100% partial incapacity benefits because he proved that work is unavailable to him as a result of the work injury, and that the hearing officer wrongly applied...

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