School District No. 401 v. Minturn

The Department of Labor and Industries appeals a superior court determination that a school bus driver’s compensation for temporary total disability should be computed under RCW 51.08.178(2), and not under RCW 51.08.178(1). We agree with the superior court’s result.

In the 1980’s, Pierce County School District No. 401 hired Mary Ann Minturn as a school bus driver. Several years later, on January 4, 1990, she was injured on the job.

Minturn worked only during the traditional school year (September to June). She was paid, however, throughout the calendar year. Each month, including the summer…