Ernie Baylog, Inc. v. Industrial Claim Appeals Office of Colorado

Opinion by

Judge HUME.

The issue in this workers’ compensation proceeding is whether a four cent per mile payment made to Sally A. Olney (claimant) in connection with her job as an over-the-road truck driver for Ernie Baylog, Inc. (employer) should be included in determining her average weekly wage. We conclude that it should not be included and, therefore, set aside the order of the Industrial Claim Appeals Panel (Panel).

Employer agreed to pay claimant eight cents per mile as wages, and an additional four cents per mile to cover all personal expenses incurred while driving, such as meals,…