Frank v. Manpower Temporary Services

I respectfully dissent. The Board first had to determine the nature of Frank’s employment for the purpose of arriving at his earning capacity. The Board concluded that Frank’s temporary work assignment at Uni-co could not be regarded as his employment for the purpose of determining his average weekly wage. I would affirm that conclusion. In Fowler v. First Nat’l Stores, Inc., 416 A.2d 1258, 1259-60 (Me.1980), an employee who had been with the company for six months was promoted from a grocery store clerk to a produce manager one week prior to her injury. We held that the Commission should…