Toothaker v. Lauri, Inc.

ROBERTS, Justice.

This appeal by the employer, Lauri, Inc., and its insurer presents the question whether an employee receiving payment for total incapacity pursuant to a memorandum of payment is automatically entitled to an inflation adjustment pursuant to 39 M.R.S.A. § 54-B(l) (1989) on the third anniversary of the injury. Because we conclude the answer is no, we vacate the order compelling payment and the forfeiture based thereon.

On June 2, 1989, Leland Toothaker injured his hand while operating a machine press for Lauri, Inc. At the time of the injury Toothaker’s salary was $285.68 per…