Jacobson Transportation Co. v. Harris

HECHT, Justice.

In this appeal, we must determine whether the workers’ compensation commissioner properly excluded three weeks of earnings from the calculation of an injured employee’s compensation rate. We conclude the commissioner did not err by excluding three weeks of low earnings and replacing them with earnings from three earlier weeks which more fairly represented the employee’s customary earnings.

I. Factual and Procedural Background.

Russell Harris (Harris) was hired by Jacobson Transportation Company (Jacobson) in April 2003 as an over-the-road truck driver. He was paid by the mile,…