State v. Tucker
Annotate this CaseIn 2006, Appellant injured his left hand while working as a mechanic. Thereafter, the Maine Employers Mutual Insurance Company (MEMIC) began paying Appellant weekly workers’ compensation benefits. Appellant received checks from MEMIC for approximately six years, and Appellant stated that by signing the checks he regularly received he was agreeing that he was not working or receiving pay for work. In 2009, MEMIC discovered that Appellant was working full-time at a small-engine repair shop. In 2012, the Workers’ Compensation Board terminated Appellant’s benefits, after which MEMIC stopped issuing payments to Appellant. Appellant was subsequently found guilty of theft by deception in an amount exceeding $10,000. The Supreme Court affirmed, holding that the trial court did not err in (1) admitting certain testimony; (2) allowing the state to reopen its case after it had rested; and (3) failing to instruct the jury on an additional element of theft by deception.
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