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COVINGTON v. ACE TRANSP., INC.

No. 36,507-WCA.

830 So.2d 495 (2002)

James W. COVINGTON, Plaintiff-Appellant, v. ACE TRANSPORTATION, INC. and Liberty Mutual Insurance Company, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 23, 2002.

Attorney(s) appearing for the Case

Allison Law Firm by William T. Allison, Shreveport, for Plaintiff-Appellant.

Cook, Yancey, King & Galloway by S. Price Barker and Julia E. Blewer, Shreveport, for Defendant-Appellee.

Before STEWART, GASKINS and HARRISON (Pro Tempore), JJ.

HARRISON, Judge Pro Tempore.

The claimant, James Covington Sr., appeals a summary judgment holding that pursuant to a lease agreement, only 10% of the "earned revenue" from the lease constituted average weekly wage for purposes of calculating worker compensation benefits. Covington contends that all earned revenue, or at least the industry average of 25%, should be the average weekly wage. For the reasons expressed, we affirm.

Procedural background

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