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IN RE APPEAL OF LORETTE

No. 2006-125.

910 A.2d 1155 (2006)

APPEAL OF Francis LORETTE (New Hampshire Compensation Appeals Board).

Supreme Court of New Hampshire.

Opinion Issued October 31, 2006.

Attorney(s) appearing for the Case

McDowell & Osburn, P.A., of Manchester (Mark D. Morrissette on the brief and orally), for the petitioner.

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Michael R. Mortimer on the brief and orally), for the respondent.

HICKS, J.

This is an appeal from a decision of the New Hampshire Compensation Appeals Board (Board) that the petitioner, Francis Lorette, is entitled to a valueless permanent impairment award under RSA 281-A:32 (Supp.2005). The petitioner argues that the Board erred in calculating his average weekly wage as zero upon the basis that he was unemployed at the time of his permanent impairment assessment. We reverse and remand...

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