Thew v. Saunders of Locke Mills
Maine Employers' Mutual Insurance Company
April 30, 2013
CategoriesAverage Weekly Wage Average Weekly Wage Post-Injury Earnings
AWW §102 (4)(B) Post-Injury Earnings
Summary from the Troubh Heisler Attorneys
Thew worked at a woodworking mill and developed occupational asthma due to exposure to wood dust. She was out of work until she got a job as a cook at Sunday River ski area, which she performed until the end of the ski season. She filed petitions and Judge Goodnough awarded her temporary total and temporary partial benefits ending when she started her Sunday River job. Thereafter, he found that she could earn her pre-injury wage and awarded no ongoing incapacity benefits. Thew appealed, but the Appellate Division upheld the decision, rejecting her argument that the Board must follow §102 (4) (C) in determining her post injury earning capacity.