Tenneco, Inc. v. Montana

NIMMONS, Judge.

In this appeal by the employer/carrier we find only one issue which merits discussion. The deputy based the claimant’s average weekly wage (AWW) in part on the claimant’s concurrent earnings derived from his position as an officer and part owner of a corporation. It was the policy of this corporation to keep workers’ compensation insurance in place for all of its employees, but the claimant discovered subsequent to his injury that another officer had permitted the insurance to lapse by failing to pay the premiums. The employer/carrier contend that the insurance lapse renders…