Fletcher v. Hanington Bros., Inc.

LIPEZ, Justice.

This appeal raises the issue whether optional deductions from an employee’s pay for the purchase of health insurance must be included in the calculation of the employee’s “average weekly wage” pursuant to 39 M.R.S.A. § 2(2) (1989), repealed and replaced by P.L.1991, ch. 885, § A-7 (effective January 1, 1993), codified as 39-A M.R.S.A. § 102(4) (Supp.1993). Because we conclude that the employee’s average weekly wage does include such deductions, we vacate the decisions of the Appellate Division and the Commission.

Fletcher began work for the employer, Hanington Brothers, in 1990…