Louisiana Court of Appeal October 23, 2002, No. 36,507-WCA (Covington v. Ace Transportation, Inc.)

11 HARRISON, Judge Pro Tempore.

The claimant, James Covington Sr., appeals a summary judgment holding that pursuant to a lease agreement, only 10% of the “earned revenue” from the lease constituted average weekly wage for purposes of calculating worker compensation benefits. Covington contends that all earned revenue, or at least the industry average of 25%, should be the average weekly wage.