Lovell v. State Compensation Mutual Insurance Fund

Leslie L. Lovell (Lovell) appeals from a judgment of the Workers’ Compensation Court awarding him temporary total disability benefits of $8.26 per week. The State Compensation Mutual Insurance Fund (State Fund) cross-appeals the Workers’ Compensation Court’s imposition of a twenty percent penalty, attorney’s fees and costs. We affirm in part, reverse in part and remand.

We phrase the issues on appeal as follows:

1) Did the Workers’ Compensation Court err in refusing to consider Lovell’s earnings from other sources when determining his weekly wage rate for temporary total disability benefits?

2)…