YOUNG v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 97CA1165.

969 P.2d 735 (1998)

Bryce YOUNG, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Respondents, and The Division of Workers' Compensation, and Mary Ann Whiteside, Director, Division of Workers' Compensation, State of Colorado, Intervenors.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 14, 1998.

Certiorai Denied January 11, 1999.


Attorney(s) appearing for the Case

Alexander & Ricci, William A. Alexander, Jr., Colorado Springs, for Petitioner.

The Connell Law Firm, John M. Connell, David R. Little, Denver, for Respondent Westway Express and Helmsman Management Services.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John D. Baird, Assistant Attorney General, Denver, for Intervenors.


Opinion by Judge PLANK.

In this workers' compensation proceeding, Bryce Young (claimant) seeks review of the final order of the Industrial Claim Appeals Office (Panel) which excluded per diem payments in the calculation of his average weekly wage. We affirm.

At the time of his compensable injury, claimant, an over-the-road trucker, earned twenty-one cents for every mile driven. Thirty-two percent of that rate was considered a per diem payment not subject to...

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