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TYE v. McFETRIDGE

(WCB 02-01738; CA A122013; SC S52964).

149 P.3d 1111 (2006)

342 Or. 61

In the Matter of the Compensation of John P. Tye, Claimant. John P. TYE, Respondent on Review, v. Gary McFETRIDGE and Saif Corporation, Petitioners on Review, and Department of Consumer and Business Services, Intervenor.

Supreme Court of Oregon.

Decided December 14, 2006.

Attorney(s) appearing for the Case

David L. Runner, Salem, argued the cause and filed the brief for petitioners on review.

R. Adian Martin, Portland, argued the cause for respondent on review.

Judy C. Lucas, Assistant Attorney General, Salem, argued the cause and filed the brief for intervenor. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.

GILLETTE, J.

In this workers' compensation case, the issue is how to calculate temporary total disability benefits for an injured seasonal worker (claimant) under applicable laws and regulations. The Court of Appeals held that those benefits should be calculated based on claimant's average weekly earnings for the period that he actually worked before the injury, rather than over the previous 52 weeks (which included a period...

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