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LAVOIE v. RE-HARVEST, INC.

Docket: WCB-08-60

973 A.2d 760 (2009)

2009 ME 50

Raymond LAVOIE v. RE-HARVEST, INC., et al.

Supreme Judicial Court of Maine.

Decided: May 12, 2009.

Attorney(s) appearing for the Case

James F. Pross, Esq. (orally), Tarbell & Brodich, P.A., Augusta, for Re-Harvest, Inc.

John B. Cole, Esq. (orally), Skelton, Taintor & Abbott, P.A., Auburn, for Raymond Lavoie.

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

SAUFLEY, C.J.

[¶ 1] Re-Harvest, Inc., appeals from a judgment of a Workers' Compensation Board hearing officer (Goodnough, HO) granting a claim for discrimination under the Workers' Compensation Act. We review whether an employer who terminates an employee who is unable to perform any work within weeks of a substantial work injury, but otherwise complies in full with the Act, has engaged in discrimination pursuant to 39-A M.R.S. § 353 (2008). On the...

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