Lydon v. Sprinkler Services

Majority: SAUFLEY, C.J., and RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

Dissent: CLIFFORD and LEVY, JJ.

SAUFLEY, C.J.

[¶ 1] We are called upon to determine whether a physician may be appointed to serve as an independent medical examiner in a workers’ compensation proceeding, pursuant to 39-A M.R.S.A. § 312 (2001), if that physician has performed examinations of other employees at the request of an employer, insurer, or employee, pursuant to 39-A M.R.S.A. § 207 (2001 & Supp. 2003). In the matter before us, a hearing officer of the Workers’ Compensation Board (.McCurry, HO), denied Joseph Ly-don’s…