Elder v. Arma Mobile Transit Co.

The opinion of the court was delivered by

Lockett, J.:

David Wayne Elder, an employee covered by workers compensation, was fatally injured. On appeal only the calculation of the average weekly wage is at issue. The Administrative Law Judge (ALJ), the Director of Workers Compensation (Director), and the district court found that K.S.A. 1992 Supp. 44-511(b)(5) requires the weeks an employee could have worked but did not work or earn any wages be included when averaging the employee’s earnings over the 26-week period prior to the accident. Elder’s dependents (claimants) appeal, asserting (1) the…