SAIF Corp. v. Frias

Employer seeks review of an order of the Workers’ Compensation Board awarding claimant temporary disability benefits. Employer assigns error to the Board’s exclusion of periods during which employer had no work for claimant from the calculation of claimant’s average weekly wage. OAR 436-060-0025(5)(a)(A). We review for errors of law and reverse.

Most of the relevant facts are not in dispute. Claimant was employed as a construction worker for employer. The hours claimant worked were somewhat irregular. After he had been working for employer for about seven months, claimant slipped and fell from…