Dorothy G. Mackie v. Young Sales Corporation

OPINION

ANDERSON, C.J., delivered the opinion of the Court, in which DROWOTA, HOLDER, and BARKER, JJ., joined.

We granted review in this workers’ compensation case to determine whether the trial court erred in awarding temporary total benefits and death benefits based on the maximum weekly wage where the employee did not earn any wages in the 52 weeks prior to being diagnosed with malignant mesothelioma. On appeal, the Special Workers’ Compensation Appeals Panel concluded that the trial court erred in awarding benefits based on the maximum weekly wage because the employee was voluntarily…