Wills v. St. Paul Fire & Marine Insurance

Birdsong, Judge.

This appeal arises from a workmen’s compensation case. Claimant, the appellant Wills, was employed by Lee’s Farm Service, Inc. While engaged upon his employer’s business, Wills fell approximately 15 feet from a grain elevator landing upon his feet. As a result of the fall, Wills drove his right heel into his ankle. Prior to his injury, Wills worked for a straight salary of $165 per week but because of overtime earned as much as $326 per week. During the 13 weeks before the injury, it appears that he earned an average of the $326 figure. The employer, employee and the…