Hincks v. Robert Mitchell Co.

[¶ 1] The insurers, Great American Insurance Co. and Maine Employers’ Mutual Insurance Co. (“MEMIC”) appeal from a decision of the Workers’ Compensation Board, granting the employee’s petitions relating to work-injuries that occurred in 1985 and 1994. The insurers challenge the retroactive application of 39-A M.R.S.A. § 201(6) (Supp.1998), the apportionment of liability between insurers pursuant to 39-A M.R.S.A. § 354 (Supp.1998), and the inclusion of fringe benefits in the employee’s average weekly wage. We vacate that decision.

[¶ 2] The employee, Peter Hincks, suffered two injuries while…