Appeal of Gilbert

The petitioner, Bobby Gilbert, appeals the decision of the New Hampshire Compensation Appeals Board (board) calculating his average weekly wage over a twenty-two week period rather than a thirty-seven week period, which would produce a higher wage. See RSA 281:2, VII(l) (1987), repealed and replaced by RSA 281-A:15, I (Supp. 1997). We reverse and remand.

On February 10, 1989, the petitioner suffered an injury to his left knee while working for the respondent, Irby Seaward Joint Venture. His injury left him temporarily totally disabled, and he has since received workers’ compensation benefits,…