National Union Fire Insurance Co. of Pittsburgh v. Macias

OPINION ON MOTION FOR REHEARING

What are days for?

Days are where we live.

They come, they wake us

Time and time over.

They are to be happy in;

Where can we live but days?

“Days”

The Whitsun Weddings

Philip Larkin

What is a “day”? This question, seeming so simple, is the conundrum we address upon motion for rehearing in this workers’ compensation case. We must define “day” in the context of whether Maria Macias, a nurse’s aide at Sierra Medical Center, worked 210 “days” for purposes of establishing her wage rate under the old Worker’s Compensation Act. We do this bearing in mind that the jury was also…