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CIAMPI v. HANNAFORD BROS. CO.

681 A.2d 4 (1996)

Theresa CIAMPI v. HANNAFORD BROS. CO.

Supreme Judicial Court of Maine.

Decided July 26, 1996.

Attorney(s) appearing for the Case

James J. MacAdam (orally), McTeague, Higbee, Macadam, Case, Watson & Cohen, Topsham, for Employee.

John F. Lambert, Jr. (orally) and Thomas W. Laprade, Black, Lambert, Coffin & Rudman, Portland, for Employer.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, RUDMAN and LIPEZ, JJ.

ROBERTS, Justice.

Hannaford Bros. Co. appeals from a decision of the Workers' Compensation Board awarding its employee Theresa Ciampi weekly benefits based on a computation of her average weekly wage that included fringe benefits pursuant to 39-A M.R.S.A. § 102(4)(H) (Supp.1995). Hannaford contends that section 102(4)(H) is preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832 (codified as amended at 29 U.S.C. §§ 1001...

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