In Nielson v Max One Corp., 2003 WL103140 (Mo.App. S.D.2003), the Commission had "considerable discretion in determining an employee's average weekly wage" when there are "exceptional facts" present, as they found were here, claimant, a truck driver, maximum rate allowed.
In Dalba v YMCA of Greater St. Louis, (WL264504) (Mo.App. E.D. 2/26/02) (WL264504), amendment to 1998 rate of compensation statute (287.250) is not retroactive to incorporate wages from a second job when the accident date occurred before the amendment, because this would affect a substantive, rather than a procedural, right.
In Bahr v HEP Contracting Co., (LIRC) 2001, Claimant lacked credibility on all issues and the administrative law judge found $40/week rate. (ALJ Mueller)
In Brown v St. Louis Club, (LIRC) 2001, Commission finds claimant was a "regular" part-time employee and calculates rate using 287.250.1(4) instead of 287.250.3, as argued by the employer. The Commission reversed the ALJ decision, and finds 68-year old claimant with right patella fracture established PTD against SIF (Second Injury Fund). (ALJ Kohner)
In Eastman v Mike's Roofing and Remodeling, (LIRC) 2001 in calculating average weekly wage, the reasonable value of meals and lodging is a benefit and exchange for services and is part of the amount to be calculated in determining the average weekly wage (AWW) under Section 287.250 R.S.MO.
In Smith v Tiger Coaches, (LIRC) 2001, The Commission upheld a temporary award using a wage rate based on a W-2 and claimant's testimony, and disregarded a wage statement from the employer since no one from the employer appeared to "interpret" it. (ALJ Landolt)
In Sullivan v Masters Jackson Paving Co., 35 S.W.3d 879 (Mo.App. S.D. 2001), rate of compensation set at minimum amount of $40.00 a week because claimant failed to proof actual or special defenses in providing or operating the truck for the employer. (See case for factual details)
In Grimes v GAB Business Services, Inc., 988 S.W.2d 636 (Mo.App. E.D. 1999), an employee's per diem payments are not included in the calculation of the average weekly wage to determine the compensation rate.