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FERNALD v. DEXTER SHOE CO.

670 A.2d 1382 (1996)

Maria FERNALD v. DEXTER SHOE CO.

Supreme Judicial Court of Maine.

Decided February 5, 1996.

Attorney(s) appearing for the Case

Douglas J. Alofs (orally), James P. Dunleavy, Dunleavy Law Offices, P.A., Presque Isle, for Employee.

Jane E. Skelton (orally), Rudman & Winchell, Bangor, for Employer.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, DANA and LIPEZ, JJ.

DANA, Justice.

The employee, Maria Fernald, appeals from a decision of the Workers' Compensation Commission denying her petition to determine her average weekly wage. Fernald contends that the commissioner erred in applying 39 M.R.S.A. § 2(2)(B) (1989), based on a finding that her earnings varied from week-to-week. Because the fluctuations of her earnings were modest and may have been largely due to absences for personal reasons, we vacate the Commission's decision...

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