Bowie v. Delta Airlines, Inc.

GLASSMAN, Justice.

The employee, William Bowie, appeals from a decision of the Workers’ Compensation Board denying his petition for review based on his failure to rebut the presumption set forth in 39-A M.R.S.A. § 223 (Supp.1994-95). Bowie contends that the presumption does not apply to him because he was receiving benefits at the time of his retirement, he was employed at light duty status and his retirement was involuntary. Bowie also argues that even if section 223 applies, he successfully rebutted the presumption. Because we conclude that the hearing officer correctly relied on the…