Landry v. Bates Fabrics, Inc.

POMEROY, Justice.

The sole issue before us in this appeal from a pro forma decree affirming the decision of the Industrial Accident Commission, is the appropriate method, under 39 M.R. S.A. § 2(2), of computing the wages of an employee who sustained an injury arising out of and in the course of his employment. That the injury is compensable is conceded.

The controversy arose from the following. The employee/appellee Lionel Landry had been employed at Bates Fabrics, Inc. (Bates) since June of 1946. Since 1950 he had been employed as a loom fixer and was paid at an hourly rate. He continued in…