No. 07-02582. JEREMY W. MOODY, Claimant.

CourtOregon
Oregon Worker Compensation 2008. No. 07-02582. JEREMY W. MOODY, Claimant In the Matter of the Compensation of JEREMY W. MOODY, ClaimantWCB Case No. 07-02582ORDER ON REVIEWCoons and Coons, Claimant Attorneys Julie Masters, SAIF Corporation, Defense AttorneysReviewing Panel: Members Langer and Weddell.Claimant requests review of that portion of Administrative Law Judge (ALJ) Donnelly's order that found that the SAIF Corporation correctly calculated his temporary disability rate. On review, the issue is rate of temporary disability. We reverse. FINDINGS OF FACT Claimant is a corporate officer and 100 percent owner of a limited liability company (LLC). He worked for the LLC (employer) as a home inspector. (Tr. 9-10). He did not receive a regular "salary" nor was he listed on the payroll, but did receive "draws" from the employer. (Tr. 24-25, 33-34). Claimant elected to have workers' compensation coverage for himself under SAIF's policy for the employer, effective November 22, 2005. (Ex. 3A). The policy was renewed on December 1, 2006. (Ex. 3C-1). The employer's estimated payroll for the period from January 1, 2006 through November 30, 2006 was $42,678. (Ex. 3A-3 ). Of that estimated payroll, $7,613 was allotted to an office/clerical employee, with the remaining $35,065 being claimant's assumed wage. (Id.) SAIF calculated claimant's premium for that period based on this assumed wage. (Id.) On November 7, 2006, claimant sustained a compensable injury. (Ex. 4). SAIF accepted a disabling injury claim for "right scapular fracture, left distal ulnar fracture, 2nd and 3rd metacarpal base fractures, left hand, left distal radius fracture, left posterior band of the inferior glenohumeral ligament avulsion fracture from the humerus, bankart lesion, left shoulder and hill-sachs lesion, left shoulder." (Ex. 13). After claimant's injury, his wife provided SAIF with financial information that estimated his average monthly income at $6,361 and $6,612. (Exs. 5A, 5B). On December 12, 2006, SAIF mailed a Policy Change Notice (effective that day) adjusting claimant's estimated payroll and increasing the employer's premium. (Ex. 6A-1). On January 15, 2007, SAIF notified claimant that payroll records from January 1, 2006 to October 31, 2006, showed an average weekly wage rate of $1,076.34. Based on that calculation, SAIF increased claimant's...

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