Saucier v. Portland

[¶ 1] Nichols Portland appeals from a decision of a Workers’ Compensation Board hearing officer (Sprague, HO) granting Thelma Saucier’s petition for restoration, and awarding her 800 weeks of benefits pursuant to 39-A M.R.S. § 212(2)(G) (2006) for the permanent and total loss of industrial use of both hands. Nichols contends inter alia that Saucier is not entitled to these benefits because she failed to rebut the statutory presumption that she suffers no earnings incapacity from the work injury because she is retired. See 39-A M.R.S. § 223 (2006). We *1180agree, and vacate the hearing officer’s…