Roe v. Yarmouth Lumber, Inc.

[¶ 1] The employee, John A. Roe, appeals from a decision of a hearing officer of the Workers’ Compensation Board granting Roe’s petitions for award, but denying incapacity benefits pursuant to 39-A M.R.S.A. § 214(1)(A) (2001). The hearing officer found that Roe refused an offer of reinstatement without good and reasonable cause, and, accordingly, was disqualified from receiving benefits during the period of the refusal. Roe contends that the hearing officer’s decision is contrary to a Board rule providing that section 214 is not applicable when the employer is paying benefits “without…