Robertson v. Aero Power-Vac, Inc.

David Robertson appeals from the decision and order of the Workers’ Compensation Court which established his temporary total disability rate at $203.67 and denied his entitlement to attorney fees and a penalty. We affirm.

The issues on appeal are:

1. Did the Workers’ Compensation Court err in interpreting § 39-71-123(3), MCA (1991), and applying it to the facts of this case?

2. Did the Workers’ Compensation Court err in failing to award attorney fees and impose a penalty?

The underlying facts in this case are undisputed. David Robertson (Robertson) was hired by Aero Power-Vac, Inc. (Aero) for a…