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GRAVES v. BROCKWAY-SMITH CO.

Docket No. WCB-12-75.

55 A.3d 456 (2012)

2012 ME 128

Richard GRAVES v. BROCKWAY-SMITH CO., et al.

Supreme Judicial Court of Maine.

Decided: November 15, 2012.

Attorney(s) appearing for the Case

Evan M. Hansen, Esq. , and John J. Cronan III, Esq. (orally), Preti, Flaherty, Beliveau & Pachios, LLP, Portland, for appellants Brockway-Smith Company and MMTA Workers' Compensation Trust.

James J. MacAdam, Esq. (orally), Nathan A. Jury, Esq. , and David E. Hirtle, Esq. , MacAdam Jury, P.A., Portland, on the briefs, for appellee Richard Graves.

Dissenting: SAUFLEY, C.J., and ALEXANDER, and GORMAN, JJ.

SILVER, J.

[¶ 1] Brockway-Smith Company and MMTA Workers' Compensation Trust appeal from a decision of a Workers' Compensation Board hearing officer (Goodnough, HO) awarding incapacity benefits to Richard Graves for a 2003 work-related injury to his left shoulder. Brockway-Smith contends that Graves's claim for the 2003 injury is barred for failure to file it within the six-year limitations period in 39-A M.R.S. § 306(2) (2011).1...

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