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Roe v. Yarmouth Lumber11/20/2001
payment. See Holt v. S.A.D. No. 6, 2001 ME 46, 5, 767 A.2d 295. A Board rule that is construed to preclude the application of section 214(1)(A) when an employer is paying benefits without prejudice is contrary to the plain language of the statute, and could lead to an incongruous result: employers who are not making payments could invoke the statute to be relieved of any obligation to make payments, while employers paying benefits without prejudice would be precluded from invoking section 214(1)(A). Our conclusion that Board Rule ch. 1, ยง 2.2 does not preclude the application of section 214(1)(A) during a period when the employer is paying benefits without prejudice is consistent with the statutory language and with the appellate pronouncement of the Board itself.
The entry is: Decision of the hearing officer of the Workers' Compensation Board affirmed.
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