Supreme Judicial Court of Maine.Argued March 17, 1989.
Decided June 19, 1989.
Appeal from the Workers’ Compensation Commission
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Eve H. Cimmet (orally), Richardson Troubh, Portland, for plaintiff.
Kenneth W. Hovermale, Jr. (orally), Bornstein Hovermale, Portland, for defendant.
Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN and CLIFFORD, JJ.
WATHEN, Justice.
Bancroft Martin, the employer, appeals from a decision of the Appellate Division of the Workers’ Compensation Commission affirming the Commissioner’s order denying a petition for review of incapacity. The employer argues that the Appellate Division erred in denying the petition in circumstances where at least a portion of the employee’s present incapacity results from a disease process unrelated to his former employment. In a case such as this, the employer is charged with the burden of proving that the work-related injury is no longer a causative factor in producing the employee’s incapacity. Brackett v. A.C. Lawrence Leather Co., 559 A.2d 776 (Me. 1989). The record before us does not compel such a finding.
The entry is:
The decision of the Appellate Division of the Workers’ Compensation Commission is affirmed.
It is ordered that the employer pay to the employee $750 for his counsel fees plus his reasonable out-of-pocket expenses for this appeal.
All concurring.
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