Goodman v. HBD Industries, Inc.

OPINION

in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ., and E. RILEY ANDERSON, Sp.J., joined.

The sole issue in this workers’ compensation action is whether weeks spent absent from work due to a strike are included when calculating an employee’s average weekly wage. The employee was on strike for twenty-eight weeks and had been back at work for less than a month before becoming injured. The trial court awarded permanent partial disability. When calculating the weekly benefit, the court excluded from its calculation of the employee’s average weekly wage those weeks during…