Hogan v. Great Northern Paper, Inc.

[¶ 1] Great Northern Paper, Inc., appeals from a decision of a hearing officer of the Workers’ Compensation Board, granting Robert Hogan’s petition for restoration or workers’ compensation benefits. Great Northern contends that it was error for the hearing officer to conclude that negative financial consequences related to Hogan’s disability pension made post-injury employment paying more than $100 per week “unavailable” for purposes of determining post-injury earning incapacity. We agree and vacate the hearing officer’s decision.

I. CASE HISTORY

[¶ 2] The basic facts are not disputed. Robert…