Griffin Pipe Products Co. v. Guarino

TERNUS, Justice.

What impact does a semi-annual plant shutdown have on an injured employee’s rate of compensation for purposes of workers’ compensation benefits? In calculating the applicable rate in this case, the chief deputy workers’ compensation commissioner disregarded a two-week plant closure that occurred during the thirteen-week base period and substituted two weeks during which the employee worked. The district court and court of appeals disagreed with this approach.

Upon reviewing the governing statutes and considering the pertinent rules of statutory interpretation, we hold the…