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Brackett v. A.C. Lawrence Leather Co.

559 A.2d 776 (1989)

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Brackett v. A.C. Lawrence Leather Co.

Maine Supreme Judicial Court
559 A.2d 776 (1989)

Facts

On January 3, 1978, Jeffrey Brackett (plaintiff) suffered a back injury while employed with A. C. Lawrence Leather Co. (Lawrence) (defendant). Brackett was awarded total-disability benefits for four days after his back injury and from September 8, 1978, to January 15, 1979. Brackett returned to work full-time until he was injured again in two non-work-related accidents in 1985. Since then, Brackett had had back surgery and was totally incapacitated. Brackett filed a petition for restoration of 100 percent benefits. The hearing commissioner of the Workers’ Compensation Commission (the commission) granted Brackett’s petition, which was affirmed by the Appellate Division. The hearing commissioner found that the 1978 injury was causally connected to Brackett’s incapacity. Lawrence and its insurer, Liberty Mutual Insurance Co. (Liberty) (defendant), appealed. Lawrence argued that Brackett’s total incapacity should be apportioned between his 1978 work-related injury and his two 1985 non-work-related injuries. To support its position, Lawrence argued that even though the commissioner found a causal connection, the commissioner also found that the 1985 injuries were probably major contributing factors to Brackett’s incapacity.

Rule of Law

Issue

Holding and Reasoning (McKusick, C.J.)

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