Without History To Show A Work Schedule Other Than 40 Hours A Week, Workers Compensation Wage Rate For Employee Injured On 2nd Day On Job Under An Hourly Rate Agreement Is Calculated Using The Agreed Hourly Rate Times 40
01/07/08
Employee was hired at an hourly rate for a newly created position at employer. Employee had no set schedule or hours and was to be “on call.” Employee was told that after the first week on the job employer would discuss “bigger money” if employer was satisfied with employee’s job performance. Employee worked 10½ hours, without a lunch break on first day. On second day, employee worked 14 hours, without a lunch break and was also injured on the job. Court of Appeals affirms Commission’s adopting of the administrative law judge that without a history to show with any degree of certainty a work schedule other than 40 hours a week, the worker’s compensation wage rate for the employee under an hourly rate agreement is calculated using the agreed hourly rate times 40 pursuant to RSMO 287.250.1(4). In determining the applicable weekly wage rate under section 287.250 it is necessary to commence with the first subsection and then to descend in numerical order under the other subsections until the wage rate provision is found that applies to the particular facts of the case. Murphy v. Barbeque Wood Flavors, Inc., Docket No. 28466 (Mo.App.S.D. 1/07/08)
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