Tripp v. Philips Elmet Corp.

ROBERTS, Justice.

Philips Elmet Corp. appeals from a decision of the Workers’ Compensation Board granting employee Chester Tripp’s petition for review and concluding that because the employer failed to provide a list of suitable employers pursuant to former section 55-B(1)(B), Tripp is entitled to 100% partial incapacity benefits. 39 M.R.S.A. § 55-B(1)(B) (effective for injuries occurring on or after October 17,1991, and before January 1, 1993). 1 Because the Board misconstrued the parties’ respective burdens in cases when a partially incapacitated employee seeks 100% incapacity benefits, we…