No. 00-77484 (2002). Tandem Staffing v. Pittman.

Case DateMay 29, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-77484 (2002). Tandem Staffing v. Pittman TANDEM STAFFING PETITIONER vs. DONALD F. PITTMAN and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 29, 2002 CLAIM NO. 00-77484APPEAL FROM HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE REVERSING AND REMANDING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Tandem Staffing ("Tandem") appeals from the decision of Hon. Lloyd R. Edens, Administrative Law Judge ("ALJ"). The sole issue on appeal relates to the ALJ's calculation of Donald F. Pittman's ("Pittman") average weekly wage. Pittman was employed by Tandem, a temporary employment agency. He was placed with Hertz Equipment Rental on February 23, 2000, and continued to work there until May 19, 2000. At that time, Pittman was laid off and drew unemployment benefits. Pittman testified he performed no work until Tandem placed him with Tower Automotive. He indicated he completed an application for Tandem on June 20. He went to work for Tower Automotive and worked two days before sustaining an injury on June 22, 2000. Pittman was to work 11-hour shifts at the rate of $7.50 per hour. During his placement with Hertz, he worked 8-hour shifts, 5 days a week, earning $7.50 per hour. Tandem paid temporary total disability benefits at the rate of $196.16 per week from June 26, 2000 through January 30, 2001. Tandem filed its notice of claim denial or acceptance on June 29, 2001, accepting the claim as compensable. Tandem included a wage statement listing wages on the first line for work performed in the week ending February 27, 2000. The notation "5 bys" was in the margin to the left of line 1. Lines 2 through 13 indicated wages earned during the week ending March 5, 2000 through May 21, 2000. Line 14 indicted wages for the week ending June 25, 2000, paid for 22 hours of work. The notation "2 bys" appears to the left of line 14 in the margin. The wage statement indicated total earnings of $3,825 and indicates that amount divided by 13 weeks equals $294.23. This figure multiplied by 66 2/3% equals $196.16. It is readily apparent Tandem did not include the 4 weeks where Pittman had no earnings while he was between jobs at Hertz and Tower. Tandem filed its witness list August 27, 2001, and included overpayment of temporary total...

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