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ALEXANDER v. PORTLAND NATURAL GAS

778 A.2d 343 (2001)

2001 ME 129

Steven ALEXANDER v. PORTLAND NATURAL GAS et al.

Supreme Judicial Court of Maine.

Decided: August 7, 2001.

Attorney(s) appearing for the Case

James J. MacAdam, Alexander F. McCann, MacAdam McCann, South Portland, Maine, for the employee.

Thomas Quartararo, Thomas R. Kelly, Robinson, Kriger & McCallum, Portland, Maine, for the employer.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

RUDMAN, J.

[¶ 1] Portland Natural Gas (PNG) appeals from a decision of a Hearing Officer of the Workers' Compensation Board granting Steven Alexander's petition for an award. Applying 39-A M.R.S.A. § 102(4)(B) (2001), the Hearing Officer calculated an average weekly wage of $2,056.16. PNG contends, however, that subsection B cannot be "fairly applied" because, in the years immediately preceding the injury, Alexander had earned an average of $19,000 annually...

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