Gee v. Cartwheel Restaurant

The State Compensation Insurance Fund appeals from the Workers’ Compensation Court’s determination that a claimant’s wage base for temporary total disability benefits should include gratuitous pay from a prior job that he had resigned from.

On July 19, 1980, the claimant injured his right arm in the course of his part-time employment as a dishwasher at the Cartwheel Restaurant in Bozeman, Montana. The State Compensation Insurance Fund accepted liability for the injury and paid temporary total disability benefits based upon the claimant’s wages at the Cartwheel Restaurant. The claimant then…