Backaus v. Murphy Motor Freight Lines

COYNE, Justice.

The sole issue before us is the proper computation of the employee’s average weekly wage, an issue which in this case turns on the construction and application of Minn.Stat. § 176.011, subd. 3 (1988) (definition of “daily wage”) rather than on a factual determination. The employee petitioned for increased temporary partial disability benefits payable as a result of a work-related injury sustained on December 14, 1983. The employer had conceded that the injury arose out of and in the course of employment and had paid compensation benefits on the basis of a weekly wage of $442.06…