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Coulombe v. Anthem Blue Cross/Blue Shield of Maine

11/1/2002

, 799 A.2d 1216, 1218; Russell v. Russell's Appliance Serv., 2001 ME 32, 10 n.3, 766 A.2d 67, 71 n.3.


Accordingly, the Board has been given broad authority to promulgate rules, and we will defer to the Board's rulemaking except where the rules conflict with statutory language. E.g., Beaulieu, 675 A.2d at 111. The Board Rule in the present case does not conflict with the statutory language. In light of the history of the fringe benefit issue in Maine, we conclude that the Board has not exceeded the scope of its rulemaking authority in clarifying a benefit calculation issue that otherwise would be ambiguous. See 39-A M.R.S.A. ยง 152(2) (2001) (Board has general rulemaking authority). We also conclude that the hearing officer did not err in applying the Board Rule.


The entry is: Decision affirmed.






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