Burnett v. Village of Estherwood

PAINTER, Judge.

11 Plaintiff, James Burnett, Sr., appeals the judgment of the Workers’ Compensation Judge (WCJ) setting the amount of his temporary total disability (TTD) benefits at $34.62 per week. Defendant, the Village of Estherwood, has answered the appeal, asserting that the awards of penalties and attorney’s fees imposed by the WCJ is excessive. For the following reasons, we reverse the judgment of the WCJ’s setting Burnett’s average weekly wage and amount of TTD benefits, affirm the award of penalties and attorney’s fees, and render judgment setting TTD benefits at $41.35 per week.

FACTU…