Kimberly Haller v. Champlain College

¶ 51. The tuition benefit at issue in this case is not provided to claimant as part of her remuneration and should not be included in the calculation of claimant's average weekly wage. The majority's decision conflicts with the plain language of the Workers' Compensation Act and with controlling case law, and represents a vast judicial expansion of the definition of wages. For these reasons, I dissent.

¶ 52. An injured worker's disability benefit is based on the worker's average weekly wages. 21 V.S.A. § 650. Wages are defined by the Act to include "bonuses and the market value of board,…