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Workers’ Compensation: Death Benefits-Weekly Wage-Volunteer Firefighter

Staff Report//January 19, 2024//

Workers’ Compensation: Death Benefits-Weekly Wage-Volunteer Firefighter

Staff Report//January 19, 2024//

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Where a wife, who was awarded benefits for the death of her husband who died while working as a volunteer firefighter, challenged the calculation of her husband’s weekly wage, the Labor and Industrial Relations Commission misapplied the law by finding that the weekly wage could not be determined under Section 287.250.1(6) as the “usual wage for similar services” and by calculating the award instead under Section 287.250.4, so the award is reversed and remanded for further proceedings.

Judgment is reversed and remanded.

Hayes v. City of Eldorado Springs (MLW No. 80994/Case No. SD37841 – 10 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from the Labor and Industrial Relations Commission (E. Joseph Hosmer, Springfield, for appellant) (Jared Paul Vessell, Columbia, for respondent).


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