Mueller v. Lincoln Public Schools

Joni Mueller, an employee of the Lincoln Public Schools (LPS), sought workers' compensation benefits after she suffered a whole body injury arising out of and in the course of her employment. At issue was how to calculate Mueller's average weekly wage for workers' compensation purposes. As a school employee, Mueller worked only during the school year and did not work during summer vacation, but her salary was spread out so that she was paid every month of the year, including the summer months. The trial court determined the the basis of calculation should be what Mueller earned during the six months before her injury, not necessarily what she was paid, and awarded Mueller temporary and permanent disability benefits based upon its determinations. The review panel of the Workers' Compensation Court affirmed the award. On appeal, the reversed, holding that the trial court erred in not calculating Mueller's average weekly wage based upon her actual weekly income. Remanded. View "Mueller v. Lincoln Public Schools" on Justia Law