Nichols v. Cantara & Sons

DANA, Justice.

Employees Raymond L. Nichols and Richard L. Mooers, in this consolidated appeal raise the issues of whether, pursuant to 39 M.R.S.A. § 68 (1989), the Workers’ Compensation Board erred in failing to allocate a portion of a third-party settlement to the employee’s spouse’s loss of consortium claim when the parties to the settlement made no express allocation. They also question whether the Board properly handled the employer’s lien under section 68 with respect to a third-party settlement relating to one work related injury when the workers’ compensation benefits paid or payable…