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SPRAGUE v. LUCAS TREE EXPERTS

Docket: WCB-07-701

957 A.2d 969 (2008)

2008 ME 162

David J. SPRAGUE v. LUCAS TREE EXPERTS et al.

Supreme Judicial Court of Maine.

Decided: October 21, 2008.

Attorney(s) appearing for the Case

Robert J. Piampiano, Esq., Brenda T. Piampiano, Esq. (orally), Piampiano Law Offices, Yarmouth, ME, for Lucas Tree Experts.

Kevin M. Noonan, Esq. (orally), McTeague Higbee Case Cohen Whitney & Toker, Topsham, ME, for David J. Sprague.

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

LEVY, J.

[¶ 1] Lucas Tree Experts appeals from a decision of a Workers' Compensation Board hearing officer (Sprague, HO) determining that David J. Sprague suffers from 12% permanent impairment as a result of a work injury to his lower back. Lucas contends that pursuant to the American Medical Association, Guides to the Evaluation of Permanent Impairment (4th ed. 1993) (AMA Guides), it was error for the hearing officer to establish the permanent...

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