Barnett v. Liberty Northwest Insurance

Court of Appeals of Oregon

Barnett v. Liberty Northwest Insurance

805 P.2d 756, 106 Or. App. 175, 1991 Ore. App. LEXIS 284

CourtCourt of Appeals of Oregon

DecidedFebruary 27, 1991

DocketWCB 88-22382; CA A64959

StatusPublished

This text of 805 P.2d 756 (Barnett v. Liberty Northwest Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnett v. Liberty Northwest Insurance, 805 P.2d 756, 106 Or. App. 175, 1991 Ore. App. LEXIS 284 (Or. Ct. App. 1991).

Pincite

Opinion

PER CURIAM

Claimant seeks review of the Workers’ Compensation Board’s calculation of temporary total disability benefits (TTD). We reverse and remand.

Claimant contends that the Board improperly failed to consider extended gaps in her work time during the 26 weeks before her injury. Under former OAR 436-60-020(7)(c), TTD for a worker who is employed varying hours and shifts is calculated on her average weekly earnings for the 26 weeks just before the disability, unless there are “extended gaps” in that period when the claimant was not working. On remand, the Board should determine whether the breaks in claimant’s work qualify as “extended gaps” under former OAR 436-60-020(7) for the purposes of computing TTD.

Reversed and remanded for reconsideration.

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PER CURIAM

Claimant seeks review of the Workers’ Compensation Board’s calculation of temporary total disability benefits (TTD). We reverse and remand.

Claimant contends that the Board improperly failed to consider extended gaps in her work time during the 26 weeks before her injury. Under former OAR 436-60-020(7)(c), TTD for a worker who is employed varying hours and shifts is calculated on her average weekly earnings for the 26 weeks just before the disability, unless there are “extended gaps” in that period when the claimant was not working. On remand, the Board should determine whether the breaks in claimant’s work qualify as “extended gaps” under former OAR 436-60-020(7) for the purposes of computing TTD.

Reversed and remanded for reconsideration.

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Bluebook (online)

805 P.2d 756, 106 Or. App. 175, 1991 Ore. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-liberty-northwest-insurance-orctapp-1991.