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BACKAUS v. MURPHY MOTOR FREIGHT LINES

No. C2-88-2642.

442 N.W.2d 326 (1989)

James C. BACKAUS, Respondent, v. MURPHY MOTOR FREIGHT LINES, Self-Insured, Employer, and Special Compensation Fund, Relator.

Supreme Court of Minnesota.

July 21, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Jeffrey Baker, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Raymond R. Peterson, Sieben, Grose, Von Holtum, McCoy & Carey, Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

The sole issue before us is the proper computation of the employee's average weekly wage, an issue which in this case turns on the construction and application of Minn.Stat. § 176.011, subd. 3 (1988) (definition of "daily wage") rather than on a factual determination. The employee petitioned for increased temporary partial disability benefits payable as a result of a work-related injury sustained on December 14, 1983. The employer had conceded...

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