Gregory v. Michael Bailey & Sons Logging

This is an appeal from a decision by the Workers’ Compensation Court awarding claimant compensation based upon his entire work history with the employer. We affirm.

The issue on appeal is whether the Workers’ Compensation Court erred in unreasonably calculating claimant’s compensation by considering his entire work history with the employer instead of only the immediate preceding four pay periods.

Claimant, Lon Gregory (Gregory) was hired as a backhoe operator and laborer by Michael Bailey and Sons Logging (Bailey) in July 1989. Bailey is in the logging business which involves seasonal work.…