| IN RE: JEFFREY ROSE | ) | DOCKET NO. 69,983 |
| ) | ||
| CLAIM NO. J-300594 | ) | DECISION AND ORDER |
| ) |
- APPEARANCES
- Claimant, Jeffrey Rose, by
- John W. Hayden, Jr.
- Employer, Department of Natural Resources, by
- The Attorney General, per
- Victoria Sheldon and Robert KI. Costello, Assistants
- Department of Labor and Industries, by
- The Attorney General, per
- S. Frederick Feller, Assistant
This is an appeal filed by the claimant on March 6, 1985 from an order of the Department of Labor and Industries dated January 23, 1985 affirming prior orders which paid time loss compensation beginning June 25, 1984 and thereafter, at the minimum statutory rate based upon wages of $1.00 per day at the time of injury. Affirmed.
DECISION
Pursuant to RCW 51.52.104 and RCW 51.52.106, this matter is before the Board for review and decision on timely Petitions for Review filed by the claimant and the employer to a Proposed Decision and Order issued on December 12, 1985 in which the orders of the Department were reversed, and this claim remanded to the Department of Labor and Industries with instructions to pay the claimant time loss compensation upon a wage base including $44.49 per day, cost of maintenance, as well as actual wages paid, but with no further adjustment. [2]
The question for decision is whether the cost of board, housing, fuel and other maintenance, pegged herein by stipulation of the parties at $44.49 per day, "received" by the claimant, Jeffrey Rose, while a prisoner at the Cedar Creek Honor Camp, constituted "wages" for purposes of computing Mr. Rose's time loss compensation.
RCW 51.08.178 provides in material part:
"The term "wages" shall include the reasonable value of board, housing, fuel or other consideration of like nature received from the employer . . ." (emphasis supplied)
The stipulated amount of $44.49 per day is the per capita cost of maintaining an inmate at the Cedar Creek Honor Camp. This amount in no way represents "consideration" received by Mr. Rose for his labor, and should therefore not be considered in computing his time loss compensation. The "room and board" received by the claimant was merely an incident to his confinement, not consideration for his labor. In accord, see Larson, Workmen's Compensation Law, Volume IC, Section 47.31 (a).
All factual matters having been stipulated to by the parties, no formal findings will be entered.
CONCLUSIONS OF LAW
- The Board of Industrial Insurance Appeals has jurisdiction of the parties and subject matter of this appeal.
- The value of board, housing, fuel and other maintenance, received by a prisoner while in custodian legis does not constitute "wages" within the meaning of that term as prescribed by RCW 51.08.178, and is therefore not to be considered in the computation of time loss compensation.
- The computation by the Department of Labor and Industries of the claimant's time loss compensation at the statutory minimum rate, based on wages paid of $1.00 per day, is correct and should be affirmed. [3]
It is so ORDERED.
Dated this 2nd day of July, 1986.
BOARD OF INDUSTRIAL INSURANCE APPEALS
/s/
GARY B. WIGGS Chairperson
/s/
FRANK E. FENNERTY, JR. Member
/s/
PHILLIP T. BORK Member