Hurley v. Dupuis

The State Compensation Insurance Fund (State) appeals from a judgment of the Workers’ Compensation Court. The Workers’ Compensation Court held that the claimant, James Hurley, Jr. (Hurley) is entitled to benefits under Section 39-71-703, MCA, based on Hurley’s testimony that he was once employed at the rate of $12.44 an hour on a part-time basis and that this amount established his preinjury earning capacity. We reverse.

The State presents the following issue for our consideration:

Did the Workers’ Compensation Court err in calculating Hurley’s entitlement to wage loss benefits pursuant to…