Trottier v. Thomas Messer Builders

[¶ 1] This workers’ compensation appeal concerns the apportionment of liability for benefits among employers in a multi-injury case in which the employee’s current earnings exceed the average weekly wage earned at the time of the first injury. The hearing officer (Stovall, HO) awarded Roland Trottier 100% partial benefits for a closed-end period of time, and ongoing partial benefits. Liability was apportioned between two employers, 80% to Thomas Messer Builders for a 1991 back injury, and 20% to Brady Construction for a 2002 knee injury. Messer contends that it is not liable to reimburse…