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ASHBY v. RUST ENGINEERING CO.

559 A.2d 774 (1989)

Wayne ASHBY v. RUST ENGINEERING CO., et al. Stephen GURNEY v. RUST ENGINEERING CO., et al.

Supreme Judicial Court of Maine.

Decided May 31, 1989.

Attorney(s) appearing for the Case

James J. MacAdam (orally), Maurice A. Libner (orally), McTeague, Higbee, Libner, Reitman, MacAdam & Case, Topsham, for the employees.

Frederick H. Greene, III (orally), Richard VanAntwerp (orally), Robinson, Kriger, McCallum & Greene, Portland, for the employers.

Before ROBERTS, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

HORNBY, Justice.

The primary issue in these two cases, which were consolidated for oral argument, is whether the Maine Workers' Compensation Act includes the value of fringe benefits in "average weekly wages, earnings or salary" for purposes of determining the amount of workers' compensation benefits an injured employee can receive. Two separate panels of the Appellate Division reached opposing results. We conclude that in cases where an employer has agreed to pay...

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