714 A.2d 216 (N.H. 06/03/1998)

[1]	New Hampshire Supreme Court
[2]	No. 96-440
[3]	714 A.2d 2166/3/1998 re generally regarded as making a provision mandatory include `shall' and `must'"). When, as here, more than one period is more favorable than the base twelve-week period, the department must use the most favorable period, i.e., that which produces the highest average weekly wage. This interpretation is consistent with our policy of liberally construing workers' compensation laws to give the broadest reasonable effect to their remedial purpose. See Appeal of Lalime, 141 N.H. 534, 537-38, 687 A.2d 994, 997 (1996); Maltais v. Assurance Society, 93 N.H. 237, 240, 40 A.2d 837, 839 (1944). The burden to furnish wage information for the department's calculation resides with the claimant. The department has no independent duty to seek out wage information that the claimant has failed to provide. The claimant, however, should not be required to engage in the time-consuming, confusing, and speculative effort required to calculate multiple favorable wage periods when an informed selection awaits only the department's determination of the proper economic model. Compare RSA 281:2, VII(1) (computing average weekly wages during 12 to 52 weeks preceding injury) with RSA 281-A:15, I (computing average weekly wages during 26 to 52 weeks preceding injury). Accordingly, the claimant should propose an economic model and submit evidence of wages for those weeks producing the most favorable weekly wage. If the fact-finder applies a different model, then, in a motion for rehearing, the claimant is entitled to recalculate the most favorable weekly wage and submit corroborating evidence. Here, the petitioner's motion for rehearing provided additional evidence that the board should have considered. See Farris v. Daigle, 139 N.H. 453, 454-55, 656 A.2d 825, 826-27 (1995) (determining that court abused its discretion by refusing to consider evidence submitted with motion to reconsider). Moreover, it would be inequitable to hold the petitioner to his proposed twenty-two week period when that proposal was premised on the board accepting his economic distribution. Finally, the petitioner's motion to reconsider did not argue for inclusion of remunerations not previously addressed. Rather, the petitioner merely asserted that the board must determine the most favorable wage period preceding the injury when calculating his average weekly wage. Thus, the respondent is not prejudiced by our decision. Accordingly, we reverse and remand this matter to the board for any necessary adjustment of workers' compensation benefits. Reversed and remanded. All concurred.

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