RYAN BOYUM, Employee/Appellant,
v.
DVORAK TREE SERV., UNINSURED, Employer/ Respondent,
and
MINN. DEP’T OF HUMAN SERVS., Intervenor, and SPECIAL COMP. FUND, Respondent.
No. WC20-6350
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
December 15, 2020
WAGES
– SEASONAL WORK; WAGES – CALCULATION. Where the
compensation judge did not make specific findings regarding
the employee’s claim that he was a seasonal worker
“in an industry where the hours of work are affected by
seasonal conditions” pursuant to Minn. Stat. §
176.011, subd. 8a, the judge’s finding regarding the
employee’s weekly wage determination is vacated and the
matter is remanded to the compensation judge for further
consideration.
Ross
K. Menk, Karen R. Swanton, The Law Offices of Menk and Menk,
Coon Rapids, Minnesota, for the Appellant.
James
S. Pikala, Emily A. LaCourse, Arthur, Chapman, Kettering,
Smetak & Pikala, P.A., Minneapolis, Minnesota, for the
Employer/Respondent.
Leanne
G. Litfin, Office of General Counsel, St. Paul, Minnesota,
for the Special Compensation Fund/Respondent.
Determined by: Gary M. Hall, Judge, David A. Stofferahn,
Judge, Deborah K. Sundquist, Judge
Compensation Judge: John R. Baumgarth
Vacated
and Remanded.
OPINION
GARY
M. HALL, Judge.
The
employee appeals the compensation judge’s finding that
there was insufficient evidence to determine his weekly wage
and therefore temporary total disability benefits would be
paid at the statutory minimum workers’ compensation
rate. We vacate this finding and remand for further
consideration consistent with this opinion.
BACKGROUND
On
September 17, 2018, Ryan Boyum was injured while working as a
tree trimmer at Dvorak Tree Service, which was owned by Jim
Dvorak and was uninsured for workers’ compensation
liability at that time. Mr. Dvorak denied liability, claiming
that Mr. Boyum was an independent contractor. Mr. Boyum
worked for Dvorak Tree Service sporadically from 2005 to
2012, from June 2016 to June 2018, and again from August 2018
to the date of injury. He was initially paid $30.00 per hour
and later earned $40.00 per hour when his work required
climbing trees. Neither Mr. Boyum nor...
