Baker v. S.D. Warren Co.

[¶ 1] S.D. Warren Company appeals from a decision of a Workers’ Compensation Board hearing officer (Collier; HO) granting John Baker’s petitions for restoration and awarding him ongoing total incapacity benefits subject to allowable offsets, including an offset for a lump sum disability payment. When calculating the offset, the hearing officer applied a newly promulgated rule, Me. W.C.B. Rule, ch. 9, § 2 (effective Sept. 16, 2009), which requires that such offsets be taken over the employee’s life expectancy. S.D. Warren challenges the validity of Rule, ch. 9, § 2 on the grounds that it is…