Temm v. S.D. Warren Co.

[¶ 1] This is an appeal from a decision of a hearing officer of the Workers’ Compensation Board (Jerome, HO), awarding benefits to Alvin Temm, but reducing the award by the amount Temm receives from an employer-provided disability insurance plan. We granted appellate review to address the following question: ‘Whether, pursuant to 39-A M.R.S.A. § 221(10) (2001), an employer is entitled to an offset for disability benefits when the disability insurance plan was in existence on December 31,1992, but renewed after that date?” We answer that question in the affirmative, and affirm the hearing…