Downing v. Dep't of Transp.
Annotate this CaseEmployee suffered a gradual injury while working for Employer. After Employee retired, he underwent spinal fusion surgery. Employee subsequently filed a petition for award. A Workers' Compensation Board hearing officer granted him the protection of the of the Workers' Compensation Act for his gradual injury but awarded no additional incapacity benefits. Employee appealed, arguing, among other things, that the hearing officer erred when determining that Employee did not rebut the retiree presumption in Me. Rev. Stat. 39-A with evidence that he was unable to perform suitable work for a discrete period of time after retirement. The Supreme Court vacated the decision in part, holding that the hearing officer's decision provided an inadequate basis for appellate review. Remanded for further proceedings.
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