Legal Opinion

Tucker v. ASSOCIATED GROCERS OF MAINE, INC.

Supreme Judicial Court of Maine

Decided November 6, 2008No. Docket: WCB-08-41PublishedCited by 4 opinions

1Opinion of the CourtGorman, J.

[¶ 1] Associated Grocers of Maine, Inc., (AGM) appeals from a decision of a Workers’ Compensation Board hearing officer (Elwin, HO) granting Randall K. Tucker’s petition for review. AGM contends that the hearing officer erred in awarding Tucker 100% partial benefits and ongoing partial benefits based on part-time earning capacity because, although Tucker has full-time, light duty earning capacity, he elected to attend school on a full-time basis and seek only part-time work. We agree, and vacate the hearing officer’s decision.

I. BACKGROUND

[¶ 2] Randall Tucker worked for AGM as a truck driver…

2Cases cited6 opinions

  1. Dumond v. Aroostook Van LinesSupreme Judicial Court of Maine · 1996
  2. Grubb v. S.D. Warren Co.Supreme Judicial Court of Maine · 2003
  3. Johnson v. Shaw's Distribution CenterSupreme Judicial Court of Maine · 2000
  4. Longtin v. City of LewistonSupreme Judicial Court of Maine · 1998
  5. Monaghan v. Jordan's MeatsSupreme Judicial Court of Maine · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Guardianship of Ella M. GrenierSupreme Judicial Court of Maine · 2018
  2. Beaudoin v. Tambrands, Inc.Supreme Judicial Court of Maine · 2009
  3. Guardianship of Ella M. GrenierSupreme Judicial Court of Maine · 2018
  4. Tucker v. ASSOCIATED GROCERS OF MAINE, INC.Supreme Judicial Court of Maine · 2008

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