Costales v. S.D. Warren Co.

[¶ 1] Rafael Costales appeals from the decision of a hearing officer of the Workers’ Compensation Board (McCurry, HO), denying his petition for restoration and applying the “retiree presumption,” which presumes that an employee who terminates active employment and receives non-disability retirement benefits has no loss of earnings or loss of earning capacity, and is therefore not entitled to incapacity benefits. 39-A M.R.S.A. § 223 (2001). The hearing officer concluded that the presumption could not be rebutted without persuasive evidence of a total physical incapacity to work, and that…