APPEAL OF GILBERT

No. 96-440.

142 N.H. 842 (1998)

APPEAL OF BOBBY GILBERT (New Hampshire Compensation Appeals Board)

Supreme Court of New Hampshire.

June 3, 1998.


Attorney(s) appearing for the Case

Devine & Nyquist, of Manchester (Corey Belobrow on the brief and orally), for the petitioner.

Devine, Millimet & Branch, P.A., of Manchester (Patrick C. McHugh on the brief and orally), for the respondent, Irby Seaward Joint Venture.


BRODERICK, J.

The petitioner, Bobby Gilbert, appeals the decision of the New Hampshire Compensation Appeals Board (board) calculating his average weekly wage over a twenty-two week period rather than a thirty-seven week period, which would produce a higher wage. See RSA 281:2, VII(1) (1987), repealed and replaced by RSA 281-A:15, I (Supp. 1997). We reverse and remand.

On February 10, 1989, the petitioner...

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