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O'NEAL v. CITY OF AUGUSTA

706 A.2d 1042 (1998)

1998 ME 48A

Duane O'NEAL v. CITY OF AUGUSTA and Maine Municipal Association. Wendy HOWES v. AUGAT, INC. and United States Fidelity & Guaranty.

Supreme Judicial Court of Maine.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Wayne W. Whitney, James J. MacAdam (orally), McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, for employees.

Stephen W. Moriarty (orally), Norman, Hanson & DeTroy, Portland, for City of Augusta.

Joseph M. Hochadel, Carol G. Ford (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for Augat, Inc.

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

ROBERTS, Justice.

[¶ 1] The employers in this consolidated appeal challenge decisions of the Workers' Compensation Board concluding that, for purposes of determining whether fringe benefits must be included in the average weekly wage, 39-A M.R.S.A. § 102(4)(H) (Supp. 1997), the determination whether a partially incapacitated employee's weekly benefit exceeds 2/3 the state average weekly wage at the time of the injury must be based on actual weekly benefit...

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