Bisco v. SD WARREN COMPANY

[¶ 1] Terry Bisco appeals from a judgment of the Workers’ Compensation Board (Jerome, HO) finding that the percentage of permanent impairment from Bisco’s 1999 work injury should not be stacked onto that from his 1990 and 1995 work injuries. Consequently, Bisco’s 1999 work injury is subject to the statutory cap for partial incapacity compensation. Bisco contends that the hearing officer improperly placed the burden of persuasion on him to establish that the work injuries should be stacked. Because the hearing officer misapplied Farris v. Georgia-Pacific Corp., 2004 ME 14, 844 A.2d 1143 by…