Daley v. Spinnaker Industries, Inc.

[¶ 1] The employer and employee cross-appeal from a decision of a hearing officer of .the Workers’ Compensation Board granting the employee’s petition by awarding varying rates partial incapacity compensation with an offset to the employer in the amount of severance payments received by the- employee after the injury. Because we conclude that the employer failed to meet its burden of proof to show that the severance pay in this case is a “wage continuation plan” pursuant to 39-A M.R.S.A. § 221 (2001), we vacate the hearing officer’s decision to authorize an offset for those payments. We also…