LaPointe v. United Engineers & Constructors

Although I would not affirm the decision of the Board, I cannot agree with the Court’s conclusion that the effect of the language of the 1991 Workers’ Compensation Commission decision is dispositive of the issue in this case. Accordingly, I respectfully dissent. It is well established that, unless without a rational basis, the factual findings of the Workers’ Compensation Board must be upheld on appeal if supported by competent evidence, even if the evidence supports a contrary result. Smith v. Great Northern Paper, Inc., 636 A.2d 438, 439 (Me.1994) (citing Dorey v. Forster Mfg. Co., 591 A.2d…