Stuber v. Moodie Implement

John Deere Insurance Company (insurer) appeals from a judgment of the Workers’ Compensation Court awarding claimant Frank Stuber temporary total disability benefits. Insurer contests the rate of disability payments awarded to Stuber. We affirm the Worker’s Compensation Court and remand for a determination of costs and attorney’s fees incurred by Stuber in this appeal.

The question presented for review is as follows:

1) When a full-time employee who works overtime hours that fluctuate on a seasonal basis is injured during the season of peak overtime, can a fair and reasonable approximation of…