Elizabeth T. Jalbert v. Maine Public Employees Retirement System

[¶ 17] I respectfully dissent because I believe the record compels a contrary conclusion. The evidence presented before the hearing officer does not support his decision in this case, and therefore I would vacate.

[¶-18] -The hearing officer was required to determine whether the medical evidence supported Jalbert’s application for disability -retirement benefits. See 5 M.R.S., § 17106-A (2016). This undertaking is highly, dependent upon the testimony of expert witnesses, and we have held that it is the province of the fact-finder, in this instance the hearing officer, to determine what weight…