Temporary total disability benefits for an injured seasonal worker should be calculated based on an average of the weekly earnings during the period of the worker's actual employment rather than over the past 52 weeks, which would include time during which the worker was not employed, said Justice W. Michael Gillette of the Oregon Supreme Court in In re Compensation of Tye, SC S52964, 12/14/06.
John P. Tye, a seasonal logger for Gary McFetridge, was injured during his fourth season of work for the employer. Tye's work season is determined by the ground conditions for logging, and by when th...
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