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N.H. MUNICIPAL WORKERS' COMP. FUND v. SMITH

No. 83-035.

124 N.H. 526 (1984)

NEW HAMPSHIRE MUNICIPAL WORKERS' COMPENSATION FUND v. JOHN E. SMITH

Supreme Court of New Hampshire.

February 23, 1984.

Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch P.A., of Manchester (Andrew D. Dunn on the brief), by brief for the plaintiff.

Wiggin & Nourie, of Manchester (Eric P. Bernard on the brief), by brief for the defendant.

KING, C.J.

This workers' compensation case arises on an interlocutory transfer without ruling from the Superior Court (Flynn, J.). At issue is whether the benefits to be awarded a "part-time, special" police officer, who has been injured on the job, should be based on an average weekly wage computed under RSA 281:2, VII(1) or under RSA 281:2, VII(2) (Supp. 1983). We hold that RSA 281:2, VII(2) (Supp. 1983) does not apply to "part-time, special" officers.

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