Dilling v. Buttrey Foods

Claimant and appellant, Jessalin Dilling, appeals an adverse ruling of the Workers’ Compensation Court denying her additional wage supplement benefits pursuant to § 39-71-703, MCA (1987).

We reverse.

Claimant raises one issue on appeal which we restate as follows:

Whether the Workers’ Compensation Court erred when it included a modified position in claimant’s job pool when determining claimant’s post-injury earning capacity.

On July 1,1987, claimant suffered an industrial injury arising out of her employment with Buttrey Foods, a self-insurer. While working as a grocery checker, claimant reached…