Alexander v. Portland Natural Gas

WATHEN, C.J.,

with whom CLIFFORD, J. and CALKINS, J„ join, dissenting.

[¶ 25] I must respectfully dissent. The Court finds that because Alexander’s relationship with the labor market consisted of a “series of discrete, short-term employments which can best be described as ‘consistently intermittent,’ ” subsection B of 39-A M.R.S.A. § 102(4) may result in an inflated average weekly wage and thus the hearing officer should have applied subsection D. To apply subsection D, however, due regard must be given both to Alexander’s own previous earnings and to “the earnings of other employees of the…