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HACKETT v. WESTERN EXPRESS, INC.

Docket: WCB-10-330.

21 A.3d 1019 (2011)

2011 ME 71

Scott HACKETT v. WESTERN EXPRESS, INC., et al.

Supreme Judicial Court of Maine.

Decided: June 23, 2011.

Attorney(s) appearing for the Case

James J. MacAdam, Esq. , Nathan A. Jury, Esq. (orally), David E. Hirtle, Esq. , MacAdam Law Offices, P.A., Portland, ME, for Scott Hackett.

C. Lindsey Morrill, Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, ME, for Western Express, Inc. and Gallagher Bassett Services.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

GORMAN, J.

[¶ 1] Scott Hackett appeals from a decision of a Workers' Compensation Board hearing officer (Stovall, HO) awarding him incapacity benefits for an injury incurred while working as a truck driver for Western Express, Inc. When calculating average weekly wage, the hearing officer excluded the nine cents per mile Hackett received as "per diem pay," concluding that it was paid to cover "special expenses," which, pursuant to 39-A M.R.S. § 102...

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