Brian v. State Department of Conservation

GLASSMAN, Justice.

The State Department of Conservation (employer) appeals from the decision of the Appellate Division of the Workers’ Compensation Commission (Commission) affirming the decision of the hearing commissioner to grant the petition for award of compensation filed by Brian Ingalls (employee). The employer contends that: (1) because Maine Workers’ Compensation Rule 2.3, Me.Workers’ Comp.Comm’n R. & Reg. 90-351 C.M.R. 2.3 (1984),1 conflicts with 39 M.R.S.A. § 51-B(8) (Supp.1988) the commissioner erred in determining the employer could not controvert the employee’s claim within 44…