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Stilson v. Dexter Shoe Co. Back to the Opinions page MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2000 ME 208 Docket: WCB-99-717 Argued: October 3, 2000 Decided: December 5, 2000 Panel:WATHEN, C.J., and CLIFFORD, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.
JOYCE STILSON v. DEXTER SHOE COMPANY and SEDGWICK JAMES INSURANCE COMPANY
PER CURIAM The employer, Dexter Shoe Co., appeals from a decision of a hearing officer of the Workers' Compensation Board granting the employee's petition for restoration and awarding 100% partial incapacity benefits based on the combination of a partially incapacitating injury and the unavailability of work within her restrictions. We agree with Dexter that the hearing officer erred in applying 39-A M.R.S.A. §§ 212, 213, 214 (Pamph. 2000) to determine Stilson's entitlement to benefits for a 1988 date of injury. P.L. 1991, ch. 885, § A-10; see Tripp v. Philips Elmet Corp., 676 A.2d 927, 928, n.1 (Me. 1996). The applicable provision for Stilson's date of injury is former 39 M.R.S.A. § 55-B (1989), repealed by P.L. 1991, ch. 885, § A-7. Although work was available within the employee's community, see 39-A M.R.S.A. § 102(6) (Pamph. 2000), the hearing officer concluded that her lack of a driver's license made those jobs unavailable. Because the Court is evenly divided, we affirm the hearing officer's award of 100% partial incapacity benefits. The entry is: Judgment vacated only with respect to the application of 39-A M.R.S.A. § 213, 214 (Pamph. 2000). Remanded to the Board for an award of 100% partial incapacity benefits pursuant to 39 M.R.S.A. § 55-B (1989), repealed and replaced by P.L. 1991, ch. 885, §§ A-7, A-8. In all other respects, the judgment is affirmed.
Attorney for employee: Kevin M. Noonan, Esq., (orally) McTeague higbee Case Cohen Whitney & Toker, P.A. P O Box 5000 Topsham, ME 04086-5000 Attorney for employer: Anne-Marie Storey Hamer, Esq., (orally) Rudman & Winchell, LLC P O Box 1401 Bangor, ME 04402-1401