Patriotti v. General Electric Co.

McKUSICK, Chief Justice.

Each employee in these consolidated cases appeals from a decision that his petition for benefits under the Workers’ Compensation Act was barred by the ten-year statute of limitations which provides in relevant part: “No petition of any kind may be filed more than 10 years following the date of the latest payment made under this Act.” 39 M.R.S.A. § 95 (Supp.1990). The employees’ appeals raise, as an original issue for this court, the question whether the employer or the employee bears the burden of proof when the employer asserts the ten-year statute of limitations as…