Hackett v. Western Express, Inc.

[¶ 1] Scott Hackett appeals from a decision of a Workers’ Compensation Board hearing officer (Stovall, HO) awarding him incapacity benefits for an injury incurred while working as a truck driver for Western Express, Inc. When calculating average weekly wage, the hearing officer excluded the nine cents per mile Hackett received as “per diem pay,” concluding that it was paid to cover “special expenses,” which, pursuant to 39-A M.R.S. § 102(4)(F) (2010), are not to be included in average weekly wage. We affirm the hearing officer’s decision on this issue, but remand for a recalculation of…