Spear v. Town of Wells

[¶ 1] John Spear appeals from a decision of a Workers’ Compensation Board hearing officer (Stovall, HO) awarding him partial benefits for a 1997 work injury to his right shoulder, but denying him benefits for incapacity resulting from injuries to his low back. He contends that the hearing officer erred when treating his *476back condition as a subsequent nonwork injury pursuant to 39-A M.R.S. § 201(5) (2006), instead of as a preexisting condition pursuant to 39-A M.R.S. § 201(4) (2006). Spear also argues that when determining his earning capacity, the hearing officer failed to take into…