Tag Archives: average weekly wage

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW

Posted on April 12, 2019 by Thomas A. Robinson

In a case of first impression, the Supreme Court of Rhode Island held that “benefits” received under the state’s “work-sharing” program [see R.I. Gen. Laws § 28-44-69] are not to be utilized in computing the average weekly wage (“AWW”) of … Continue reading →

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Virginia Court Affirms Professional Football Tryout’s AWW of $783.63

Posted on February 13, 2019 by Thomas A. Robinson

Potential $435K Annual Compensation Under Standard Contract Deemed Too Contingent The Court of Appeals of Virginia recently affirmed a determination by the state’s Workers’ Compensation Commission that fixed a professional football player’s average weekly wage at $783.63, despite the terms … Continue reading →

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Unemployed Volunteer Firefighter Denied TD Benefits

Posted on December 15, 2017 by Thomas A. Robinson

In what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as she and others fought a multi-alarm file, does not qualify … Continue reading →

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Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation

Posted on October 5, 2017 by Thomas A. Robinson

In Haller v. Champlain College, 2017 VT 86, 2017 Vt. LEXIS 107 (Sept. 29, 2017), a divided Supreme Court of Vermont affirmed a determination by the Commissioner of the state’s Department of Labor that concluded tuition benefits provided by employer—and used … Continue reading →

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Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI

Posted on August 28, 2015 by Thomas A. Robinson

Where an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent” wages earned during the relevant “look-back” period of time normally … Continue reading →

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Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage Computation

Posted on August 19, 2014 by Thomas A. Robinson

Where the only conditions precedent to receiving an annual bonus was simply being an “active employee on November 30th of the year the bonus was paid and the condition precedent to receiving the quarterly bonus was being employed on the … Continue reading →

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Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick Mason

Posted on August 30, 2013 by Thomas A. Robinson

An Oregon appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that concluded claimant’s subsistence and travel pay were “wages” for purposes of determining claimant’s TTD benefits under ORS 656.210(1) [SAIF Corp. v. Sparks, 2013 Ore. App. … Continue reading →

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Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed

Posted on September 20, 2012 by Thomas A. Robinson

The Kentucky Court of Appeals sent a not so subtle message to any volunteer firefighter within the state who has been laid off from his or her regular employment during the current “Great Recession”: “Stop Volunteering!” Adding what amounts to … Continue reading →

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