Thompson v. Consolidated Constructors

CLIFFORD, Justice.

In this appeal and cross-appeal, the employer, Consolidated Constructors, appeals from a decision of the Workers’ Compensation Board granting the employee, Melissa Thompson’s petition to increase her average weekly wage pursuant to 39-A M.R.S.A. § 102(4)(H) (Supp.1995). Thompson appeals from the Board’s decision that, notwithstanding the increased average weekly wage, the percentage of her partial earning incapacity could not be adjusted because that determination was res judicata. We conclude that the Board, pursuant to Beaulieu v. Maine Medical Ctr., 675 A.2d 110, 111…