Downing v. Department of Transportation

[¶ 1] Myron Downing appeals from a decision of a Workers’ Compensation Board hearing officer (Elwin, HO), granting him the protection of the Workers’ Compensation Act for a July 30, 2004, gradual injury, but awarding no additional incapacity benefits. Among other things, Downing contends the hearing officer erred when determining that Downing did not rebut the retiree presumption in 39-A M.R.S. § 223 (2011) with evidence that he was unable to perform suitable work for a discrete period of time after retirement. Because we conclude that the hearing officer’s decision provides an inadequate…