Sutherland v. Pepsi-Cola Bottling Co.

DELAHANTY, Justice.

Aggrieved by a decision of the Workers’ Compensation Commission, the employer secured a pro forma decree from the Superior Court, Penobscot County, and now prosecutes this appeal. Since we agree with the employer’s position that the record fails to demonstrate that the employee gave adequate notice of injury as required by 39 M.R.S.A. § 63, we sustain the appeal and remand the case for further proceedings.

FACTS

On January 26, 1977, the employee was working in the employer’s bottling plant in Brewer, Maine, when he bent down to move a beer barrel with one hand and felt an…