Nielsen v. Burnham & Morrill, Inc.

CLIFFORD, Justice.

The employee, John Nielsen, appeals from a decision of the Appellate Division of the Workers’ Compensation Commission (Appellate Division) affirming a decision of the Workers’ Compensation Commission (Commission). Because the Commission did not err in including three weeks of paid vacation time in the number of weeks worked for purposes of determining Nielsen’s average weekly wage pursuant to 39 M.R.S.A. § 2(2)(B) (1989), we affirm the Appellate Division.

In 1988, Nielsen sustained a gradual compensable injury while working for Burnham & Morrill, Inc., and he petitioned the…