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RAY v. CARLAND CONST., INC.

703 A.2d 648 (1997)

1997 ME 206

Donald P. RAY v. CARLAND CONSTRUCTION, INC. and Liberty Mutual Insurance Co. and Zachau Construction Co. and Acadia Insurance Co. Denyse PELLETIER v. MAINE MEDICAL CENTER and Sedgwick James of Northern New England.

Supreme Judicial Court of Maine.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Paul F. Macri (orally), John E. Sedgwick, Berman & Simmons, P.A., Lewiston, for Donald Ray.

Douglas S. Kaplan (orally), Kaplan & Grant, Portland, for Denyse Pelletier.

Kevin M. Gillis (orally), Troubh, Heisler & Piampiano, P.A., Portland, for Liberty Mutual Ins. Co.

Margaret Phair Sack, Robinson Kriger & McCallum, Portland, for Acadia Ins. Co.

Elizabeth Knox Peck (orally), Frank W. DeLong, III, Thompson & Bowie, Portland, for Sedgwick James.

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

ROBERTS, Justice.

[¶ 1] Both cases in this consolidated appeal from decisions of the Workers' Compensation Board raise issues concerning the applicable law in successive injury cases. In the first case, Carland Construction, Inc., contends that the Board erred by basing an award of compensation on Donald P. Ray's average weekly wage at the time of the first injury and including an inflation adjustment pursuant to former 39 M.R.S.A. § 55-A (Supp.1987),

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