Berry v. Southern Maine Medical Center

Insurance Company


Date Decided

January 29, 2020

Panel Members

Timothy Collier

Elizabeth Elwin

Sue Jerome


Average Weekly Wage


Fringe Benefits AWW Calculation of AWW Shoulder Trip and Fall Educational Benefits

File Size

159 KB


Summary 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.

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