Summary: EE is a truck driver whose restrictions following a cervical surgery for an established work injury preclude a return to work that involves manipulating 75-100 lb load covers. HO Elwin found no ongoing incapacity based on Dr. Mesrobian’s opinion that, due to the EE’s pre-existing condition, he would have placed the same restrictions on the EE prior to his work injury as are in place post-surgery.
The panel (Collier, Hirtle, & Knopf) vacated the finding of no partial incapacity, citing St. Amand v. Edwards Manufacturing Co., standing for the proposition that even a negligible work restriction establishes a degree of partial disability, which may establish partial earning incapacity depending on what the employee is able to earn within the restrictions. 386 A.2d 730 (Me. 1978). The panel remanded for further findings regarding earning capacity.