O'NEAL v. City of Augusta

ROBERTS, Justice.

[¶ 1] The employers in this consolidated appeal challenge decisions of the Workers’ Compensation Board concluding that, for purposes of determining whether fringe benefits must be included in the average weekly wage, 39-A M.R.S.A. § 102(4)(H) (Supp. 1997), the determination whether a partially incapacitated employee’s weekly benefit exceeds 2/3 the state average weekly wage at the time of the injury must be based on actual weekly benefit levels, and not a onetime calculation based on what the employee could hypothetically receive for total incapacity. We affirm.

[¶ 2] The…