Legal Opinion

Fernald v. Dexter Shoe Co.

Supreme Judicial Court of Maine

Decided February 5, 1996PublishedCited by 6 opinions

1Opinion of the Court

DANA, Justice.

The employee, Maria Femald, appeals from a decision of the Workers’ Compensation Commission denying her petition to determine her average weekly wage. Fernald contends that the commissioner erred in applying 39 M.R.S.A. § 2(2)(B) (1989), based on a finding that her earnings varied from week-to-week. Because the fluctuations of her earnings were modest and may have been largely due to absences for personal reasons, we vacate the Commission’s decision.

Fernald suffered a work related injury in March 1990 while employed at Dexter Shoe Co. Femald was originally hired to work a…

2Cases cited10 opinions

  1. Riley v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1994
  2. Mailman's CaseSupreme Judicial Court of Maine · 1919
  3. Ibbitson v. Sheridan Corp.Supreme Judicial Court of Maine · 1980
  4. Nielsen v. Burnham & Morrill, Inc.Supreme Judicial Court of Maine · 1991
  5. Fecteau v. Rich Vale Construction, Inc.Supreme Judicial Court of Maine · 1975

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3Cited by6 opinions

  1. Bossie v. School Administrative District No. 24Supreme Judicial Court of Maine · 1997
  2. Farris v. Georgia-Pacific Corp.Supreme Judicial Court of Maine · 2004
  3. Daley v. Spinnaker Industries, Inc.Supreme Judicial Court of Maine · 2002
  4. Bisco v. SD WARREN COMPANYSupreme Judicial Court of Maine · 2006
  5. Thompson v. Consolidated ConstructorsSupreme Judicial Court of Maine · 1996

1 more not listed; retrieve them via the Exa API.

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