Thibeault's Case
Supreme Judicial Court of Maine
This is an appeal from a decree by a Justice of the Supreme Judicial Court, in conformity with a decision of the Industrial Accident Commission, that the claimant be paid by respondent the sum of fifteen dollars per week during such period he is totally incapacitated for work by reason of his injury, beginning on the eleventh day following the date of the accident, and reasonable medical and hospital expenses', less such amount claimant had received as compensation on…
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This is an appeal from a decree by a Justice of the Supreme Judicial Court, in conformity with a decision of the Industrial Accident Commission, that the claimant be paid by respondent the sum of fifteen dollars per week during such period he is totally incapacitated for work by reason of his injury, beginning on the eleventh day following the date of the accident, and reasonable medical and hospital expenses', less such amount claimant had received as compensation on account of the injury. Case is stated in the opinion.
1Opinion of the CourtMorrill, J.
The amount of money involved in this case is small, but the decision is important as determining the correct procedure in computing the “average weekly wages, earnings or salary” of an injured employee, under the Workmen’s Compensation Act of 1919.
The payment to an injured workman is intended to compensate him for his loss of capacity to earn, which is measured by the amount earned by him before the injury; in the varying conditions of work, a period of employment must be taken sufficiently long, to obtain a fair *338average of his earnings as a basis of computation — not his earnings at the time…
2Cases cited1 opinion
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
3Cited by9 opinions
- White v. Monmouth Canning CompanySupreme Judicial Court of Maine · 1967
- Olivieri v. City of BridgeportSupreme Court of Connecticut · 1940
- St. Pierre v. St. Regis Paper Co.Supreme Judicial Court of Maine · 1978
- Landry v. Bates Fabrics, Inc.Supreme Judicial Court of Maine · 1978
- Frank v. Manpower Temporary ServicesSupreme Judicial Court of Maine · 1996
4 more not listed; retrieve them via the Exa API.