Name
Berry v. Southern Maine Medical Center
Insurance Company
Synernet
Date Decided
January 29, 2020
Panel Members
Timothy Collier
Elizabeth Elwin
Sue Jerome
Categories
Average Weekly WageTags
Fringe Benefits AWW Calculation of AWW Shoulder Trip and Fall Educational Benefits
File Size
159 KB
DownloadSummary from the Troubh Heisler Attorneys
Berry injured her shoulder at work, and Judge Stovall ordered SMMC to pay her incapacity benefits accordingly. He included as a fringe benefit the $53.35 per week SMCC had reimbursed Berry for tuition reimbursements pursuant to its voluntary educational assistance program. SMMC appealed, arguing that the reimbursement was a special expense that should be excluded from fringe benefits. The appellate division panel upheld the decision, noting that SMMC did not require Berry to take the course for certification as a medical assistant.