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MILLER v. SPINNAKER COATING

Docket: WCB-10-562.

25 A.3d 954 (2011)

2011 ME 79

Peter MILLER v. SPINNAKER COATING et al.

Supreme Judicial Court of Maine.

Decided: July 12, 2011.

Attorney(s) appearing for the Case

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

Alison A. Denham, Esq. (orally), Douglas, Denham, Buccina & Ernst, Portland, ME, for Spinnaker Coating and Fireman's Fund.

Thomas E. Getchell, Esq. , Troubh Heisler, Portland, ME, for amicus curiae S.D. Warren Company.

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

SILVER, J.

[¶ 1] At issue in this workers' compensation appeal is whether the last insurer in a multiple-injury case may take a proportionate reduction in the employee's benefit when liability for the first injury expires as a result of the statutory durational limit. Peter Miller suffered four work-related injuries to his lower back while working for S.D. Warren Co. and then Spinnaker Coating. He appeals from a decision of a Workers' Compensation Board hearing...

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