State Industrial Insurance System v. Montoya

OPINION

On September 20, 1989, respondent Filomena Montoya sustained a compensable injury to her knee while working for appellant Greyhound Exposition Services (“Greyhound”). Respondent worked on an on call basis and had worked sporadically throughout the period of her employment. The State Industrial Insurance System (“SIIS”) calculated respondent’s average monthly wage for purposes of awarding her disability benefits based on NAC 616.678(1) and (8). These provisions direct SIIS to calculate an injured employee’s average monthly wage from the date of the injury through the preceding twelve…