No. 00-77484 (2002). Tandem Staffing v. Pittman.
Case Date | May 29, 2002 |
Court | Kentucky |
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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