Tye v. McFetridge

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 when the worker was not employed). Tye v. McFetridge, 199 Or App 529, 112 P3d 435 (2005). For the reasons that follow, we now affirm the decision of the Court of Appeals.

With a single…