Flink v. American Alternative Insurance

¶1 Annette Flink appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers’ Compensation Court awarding her a 20 percent penalty on retroactive benefits, denying her request for attorney fees, and holding that the insurer properly calculated her weekly wage using a 40-hour work week. We reverse. There is one dispositive issue on appeal: Whether the Workers’ Compensation Court erred in concluding that Flink’s average weekly wage was properly calculated?

BACKGROUND

¶2 Flink was hired by Missoula Textile Services as a garment sorter and started work on May 19,1998. On her…