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Lugo v. Montana Hospital Associations

Court of Workers Compensation of Montana

November 1, 1995

PAUL LUGO Petitioner
v.
MONTANA HOSPITAL ASSOCIATIONS, WORKERS' COMPENSATION TRUST Respondent.

          Submitted: October 19, 1995

          SUMMARY JUDGMENT

         Summary: Respondent moved for summary judgment on the question whether unemployment benefits received by a part-time worker are "wages" for purposes of determining average weekly wage and computing workers' compensation benefits.

         Held: Under section 39-71-123, MCA (1993), "wages" is defined as the gross remuneration paid in money "for services rendered by an employee." Unemployment benefits cannot be considered compensation for services rendered. Judgment for respondent.

         Topics:

Constitutions, Statutes, Regulations and Rules: Montana Code Annotated: section 39-71-123, MCA (1993). Unemployment benefits received by part-time worker are not included in his average weekly wage where statute defines wages as gross remuneration "for services rendered by an employee."
Wages: Average Weekly Wage. Unemployment benefits received by part-time worker are not included in his average weekly wage where section 39-71-123, MCA (1993) defines wages as gross remuneration "for services rendered by an employee."
Wages: Concurrent Employment. Unemployment benefits received by part-time worker are not included in his average weekly wage where section 39-71-123, MCA (1993) defines wages as gross remuneration "for services rendered by an employee."

(SEE FOLLOWING ORDER)

         SUMMARY JUDGMENT

         This case presents a singular issue of statutory interpretation: Are unemployment benefits received by a part-time worker "wages" for purposes of determining the workers' average weekly wage and computing workers' compensation benefits? Respondent moved for summary judgment and the motion is now granted.

         Uncontested Facts

         The following facts are admitted by the parties:

1. The petitioner in this matter is Paul Lugo, who is the claimant and will be hereafter referred to as "claimant."
2. On November 1, 1994, claimant suffered a compensable industrial accident while working for Community ...

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