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High Court Says Employer Can't Relitigate Extent of Worker's Impairment After He Got PPD Award

By WorkCompCentral

Tuesday, July 25, 2017 | 316 | 0 | 0 min read

The Supreme Judicial Court of Maine ruled that the doctrine of res judicata prevents a party from seeking to change the permanent impairment level associated with an employee’s work-related injury after that level has been established by a prior decree. Case: Bailey v. City of Lewiston, No. WCB-16-204, 07/20/2017, published. Facts and Procedural History: Michael Bailey began working as a firefighter for the City of Lewiston in 1975. In 2011, his doctor diagnosed him with reactive airways deficiency syndrome. The Workers’ Compensation Board awarded Bailey partial incapacity benef...

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