HARRIGAN v. MAINE VETERANS HOME


704 A.2d 1215 (1997)

1997 ME 224

Donna HARRIGAN v. MAINE VETERANS HOME.

Supreme Judicial Court of Maine.

Decided November 24, 1997.


Attorney(s) appearing for the Case

Robert J. Piampiano (orally), Troubh, Heisler & Piampiano, P.A., Portland, for employee.

Robert W. Kline (orally), Lisa M. Fitzgibbon, Carl W. Tourigny, Kline Law Offices, Portland, for employer.

Mark A. Cloutier, Cloutier, Barrett, Cloutier & Conley, P.A., Portland, for Maine Oil Dealers Ass'n Workers' Comp. Trust, amicus curiae.

Evan M. Hansen, Elizabeth J. Wyman, Preti, Flaherty, Beliveau & Pachios, Portland, for a ad hoc group of self-insureds, amicus curiae.

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


CLIFFORD, Justice.

[¶ 1] The employer, Maine Veterans Home, appeals from a decision of the Workers' Compensation Board, granting the employee's petition for award. Because we agree with Maine Veterans' contention that the employee's concurrent employment as a cashier at an amusement park was seasonal and that the Board should have calculated her earnings from that employment pursuant to 39-A M.R.S.A. § 102(4)(C) (Supp.1996) to arrive at her average weekly...

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