Berry v. H.R. Beal & Sons

DANA, Justice.

Thurman Berry appeals from a decision of the Appellate Division of the Workers’ Compensation Commission, which affirmed the Commissioner’s decision that, pursuant to 39 M.R.S.A. § 62-B (1989), 1 the employer’s insurer was entitled to reduce Berry’s workers’ compensation benefits by an amount equal to fifty percent of his social security retirement benefits. Berry argues that (1) the application of section 62-B violates the Equal Protection Clause of the Maine and federal constitutions and (2) the employer’s insurer is not entitled to the entire offset because one of the injuries…