Pendexter v. Tilcon of Maine, Inc.

[¶ 1] Barry Pendexter appeals from a decision of the Workers’ Compensation Board granting, in part, his petition for restoration. The issue in this appeal is whether the workers’ compensation retiree presumption applies to an employee who returns to work after an initial period of retirement. 39-A M.R.S.A. § 223 (Supp.1998). We affirm.

[¶2] Pendexter suffered a work-related low back and left leg injury on October 16, 1985, while employed by Tilcon as a road paving foreman and received short-term incapacity benefits until February 1986. His employment at Tilcon involved a seasonal hiatus…