Young v. Industrial Claim Appeals Office

Opinion by

Judge PLANK.

In this workers’ compensation proceeding, Bryce Young (claimant) seeks review of the final order of the Industrial Claim Appeals Office (Panel) which excluded per diem payments in the calculation of his average weekly wage. We affirm.

At the time of his compensable injury, claimant, an over-the-road trucker, earned twenty-one cents for every mile driven. Thirty-two percent of that rate was considered a per diem payment not subject to federal income taxes. In determining claimant’s average weekly wage for purposes of his temporary total disability (TTD) compensation, the…