Buckley v. S.D. Warren Co.

JABAR, J.,

with whom SILVER, J. joins, dissenting.

[¶ 26] I respectfully dissent. I do not believe that the hearing officer’s decision is consistent with our mandate in Buckley v. S.D. Warren Co., 2010 ME 53, 997 A.2d 747 (“Buckley I”). In that decision we held:

Because the impairment from the 2000 right shoulder injury “result[ed] from” the 1996 left shoulder injuries, and the 1996 work injuries are “personal injuries]” referred to in subsection (1-A) and “work injuries] at issue in the determination” referred to in subsection (1-A)(A), it follows that permanent impairment to both shoulders…