|McLaughlin v. Liberty NW Ins. Corp. [12/9/03] 2003 MTWCC 69 Where claimant was receiving $14 an hour and $5 of that amount was characterized as travel reimbursement, the $5 cannot be excluded in computing his wages where he would have received the same $14 an hour even if he had not agreed to characterizing part of the compensation as travel pay. To be excludable travel pay, the amount must not replace the employee's customary wage. ARM 24.29.720(1)(d).|
|McLaughlin v. Liberty NW Ins. Corp. [12/9/03] 2003 MTWCC 69 To be excludable from wages used for purposes of determining workers' compensation benefits, employee travel reimbursement must approximate the employee's actual travel expenses and be calculated using one of the methods approved by the Department of Labor and Industry in ARM 24.29.720(2).|
|Timothy Lindskog vs. State Compensation Insurance Fund [9/13/00] 2000 MTWCC 61 Applying ARM 24.29.720, $7 per week added to wage rate where employer paid flat rate for meals $1 in excess of rate paid to state employees.|
Pittsley v. State Fund [7/31/98] 1998 MTWCC 61A Administrative rule adopted by DOL to specify employee expenses which are not wages was by its own terms effective only commencing January 1, 1993. Where sawyer's injury, and the relevant four pay periods preceding injury, occurred before the rule's effective date, the rule's specification that rental value of timber falling equipment not exceeding $22.50 per day could be excluded from wage rate was not applicable to computation of his wage rate.