IN RE CARNAHAN

No. 2009-130.

993 A.2d 224 (2010)

Appeal of Timothy CARNAHAN (New Hampshire Compensation Appeals Board).

Supreme Court of New Hampshire.

Opinion Issued: April 8, 2010.


Attorney(s) appearing for the Case

Gawryl & MacAllister, of Nashua (Jared O'Connor on the brief and orally), for the petitioner.

Desmarais, Ewing & Johnston, PLLC, of Manchester (Scott Ewing and Heather Silverstein on the brief, and Mr. Ewing orally), for the respondent.


DUGGAN, J.

The petitioner, Timothy Carnahan, appeals the October 2008 decision of the New Hampshire Compensation Appeals Board (CAB) reducing his workers' compensation benefits to the diminished earning capacity rate. We affirm.

The record supports the following facts. Carnahan was a self-employed tractor-trailer driver and furniture mover until September 15, 2000, when he sustained a work-related lower back injury. Vanliner Insurance Company, the workers...

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