# Bushey v. S.D. Warren Co.

> Supreme Judicial Court of Maine · June 7, 1994 · 642 A.2d 1352

URL: https://www.frixlaw.com/law-library/cases/4950097

## Case

- **Full name:** Aquila BUSHEY v. S.D. WARREN COMPANY
- **Court:** Supreme Judicial Court of Maine
- **Decided:** June 7, 1994
- **Citations:** 642 A.2d 1352; 1994 Me. LEXIS 110
- **Precedential status:** Published
- **Opinion:** Dissent by Wathen
- **Judges:** Clifford, Dana, Glassman, Rudman, Wathen
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4950097

## Opinion text

WATHEN, Chief Justice,
with whom CLIFFORD, Justice, joins, dissenting.
I respectfully dissent. Although the hearing officer used the phrase “maximum medical improvement,” he did so in the course of adopting a fact from a portion of the report of the medical examiner retained by the employer. The report could reasonably be understood as suggesting that the employee achieved an end result medically in 1984. I find no reason to assume that the doctor used the phrase in a restricted sense as a legal term of art, and in fact the hearing officer rejected that argument in denying the employee’s proposed findings of fact. When read in accord with its common sense meaning, the record in this case supports the decision. I would affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4950097. Public record. Not legal advice.