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DOUCETTE v. HALLSMITH/SYSCO FOOD SERVICES

No. WCB-10-669.

21 A.3d 99 (2011)

2011 ME 68

Matthew DOUCETTE v. HALLSMITH/SYSCO FOOD SERVICES, INC., et al.

Supreme Judicial Court of Maine.

Decided: June 9, 2011.

Attorney(s) appearing for the Case

Elizabeth J. Ernst, Esq. , Douglas, Denham, Buccina & Ernst, Cara L. Biddings, Esq. (orally), Robinson Kriger & McCallum, Portland, ME, for Hallsmith/Sysco Food Services.

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

Jeffrey L. Cohen, Esq. , Benjamin K. Grant, Esq. , McTeague, Higbee, Topsham, ME, for amicus curiae Maine AFL/CIO.

Concurring/Dissenting: ALEXANDER, J.

SILVER, J.

[¶ 1] Hallsmith/Sysco Food Services, Inc. (Sysco), appeals from a decision of a Workers' Compensation Board hearing officer (Collier, HO) awarding Matthew Doucette the protection of the Act for a 2004 work injury and total incapacity benefits for a violation of the "fourteen-day rule." See Me. W.C.B. Rule, ch. 1, § 1. Sysco contends that the award for the fourteen-day rule violation should be vacated because (1) the third-party administrator...

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