American Mut. Ins. Companies v. Murray

A case which we previously described as “unusual” has become more unusual. In March, 1979, we vacated a decree of the Workers’ Compensation Commission awarding compensation because the petitioner, Frank W. Murray, had failed to satisfy the notice provision of 39 M.R.S.A. §§ 63, 64. Murray v. T. W. Dick Co., Me., 398 A.2d 390 (1979). Thereafter, American Mutual Insurance Companies (American) commenced an action against Murray seeking to recover upon the theory of unjust enrichment the sum of $26,598.54 paid as periodic compensation while the appeal was pending, as required by 39 M.R.S.A. §…