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RICCI v. MERCY HOSP.

812 A.2d 250 (2002)

2002 ME 173

Mary RICCI v. MERCY HOSPITAL.

Supreme Judicial Court of Maine.

Decided: December 13, 2002.

Attorney(s) appearing for the Case

Kevin L. Noonan, Esq. (orally), McTeague, Higbee, Case, Whitney & Toker, P.A., Topsham, ME, for employee.

Dale L. Gavin, Esq. (orally), Piampiano & Gavin, South Portland, ME, for employer.

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

RUDMAN, J.

[¶ 1] Mercy Hospital appeals from a decision of a hearing officer of the Workers' Compensation Board granting Mary Ricci's petition to increase her weekly benefit payment. Prior to the decision, the employee had been receiving benefits based on a determination of her pre-injury average weekly wage without the inclusion of fringe benefits because such inclusion of fringe benefits would have resulted in a benefit level in excess of two-thirds the

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