Casey v. Town of Portage Lake

598 A.2d 448, 1991 Me. LEXIS 202
CourtSupreme Judicial Court of Maine
DecidedAugust 6, 1991
StatusPublished
Cited by1 cases

This text of 598 A.2d 448 (Casey v. Town of Portage Lake) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casey v. Town of Portage Lake, 598 A.2d 448, 1991 Me. LEXIS 202 (Me. 1991).

Opinion

ROBERTS, Justice.

Velma Casey appeals a decision of the Appellate Division affirming the Workers’ Compensation Commission. The Commission found that Casey had regained 30% of her pre-injury work capacity and reduced her compensation by 30%. The Commission also held that, pursuant to 39 M.R.S.A. § 62-B (1989), Casey’s compensation should be further reduced by an amount equal to 50% of the Social Security retirement benefits she was entitled to receive pursuant to 42 U.S.C. § 402. We affirm.

I.

On December 19, 1985, Velma Casey, a 66 year old widow, broke her right hip in a fall sustained in the course of her duties as the town manager for the Town of Portage Lake. In the succeeding months, Casey’s doctor, Gordon Somerville, determined that Casey regained approximately 30% of her pre-injury work capacity. In February 1987, the Town filed a petition for review of incapacity, alleging that Casey’s incapacity had “diminished or ended.” Subsequently the Town also filed a petition for reduction of benefits pursuant to section 62-B.

The Commission found that Casey had regained 30% of her pre-injury work capacity. In order to determine availability of work, the Commission heard testimony from Casey that, upon regaining work capacity, she put together a resume and, in late June and early July of 1987, sent this resume and cover letter to seven businesses in the Portage/Ashland area. At the time of the hearing on August 26, 1987, Casey had heard from only one of the seven firms to which she had sent copies of the resume. That firm’s answer had been negative.

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Bluebook (online)
598 A.2d 448, 1991 Me. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-town-of-portage-lake-me-1991.