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MITTON v. VERIZON

Docket: WCB-11-314

38 A.3d 1285 (2012)

2012 ME 41

John MITTON v. VERIZON et al.

Supreme Judicial Court of Maine.

Decided: March 22, 2012.

Attorney(s) appearing for the Case

James J. MacAdam, Esq. (orally), Nathan A. Jury, Esq. , and David E. Hirtle, Esq. , MacAdam Jury , P.A., Portland, for appellant John Mitton.

Stephen W. Moriarty, Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, for appellees Verizon/NYNEX and Sedgwick Claims Management Services.

Stephen W. Moriarty, Esq. , argued, for appellees Verizon/NYNEX and Sedgwick Claims Management Services.

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

GORMAN, J.

[¶ 1] John Mitton appeals from a decision of a Workers' Compensation Board hearing officer (Collier, HO) determining that because Mitton had received 800 weeks of permanent total incapacity benefits pursuant to the conclusively presumptive time period established in 39-A M.R.S. § 212(2)(G) (2011), the employer could prospectively take statutory offsets against Mitton's benefits pursuant to 39-A M.R.S. § 221 (2011). We affirm the hearing...

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