Tag: AWW

Jun 3, 2022

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW

Quoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW
Mar 29, 2022

MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim

In a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...

MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim
Oct 15, 2020

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement

A county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement
Feb 3, 2020

Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” Employee

With a tip of the hat to those of you who reported to the office today — according to a recent research article by Joyce Maroney, Executive Director of the...

Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” Employee Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” Employee
Oct 23, 2019

NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury

Where a claimant worked six days a week from February 13, 2017 until May 14, 2017, when he sustained work-related injuries, earning $12,130.76 for the thirteen-week period, it was error...

NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury
Apr 12, 2019

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

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...

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW
Feb 13, 2019

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

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...

Virginia Court Affirms Professional Football Tryout’s AWW of $783.63 Virginia Court Affirms Professional Football Tryout’s AWW of $783.63
Dec 15, 2017

Unemployed Volunteer Firefighter Denied TD Benefits

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...

Unemployed Volunteer Firefighter Denied TD Benefits Unemployed Volunteer Firefighter Denied TD Benefits
Oct 5, 2017

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

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...

Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation
Aug 28, 2015

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

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”...

Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI
Aug 10, 2015

Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver

The lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last...

Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver
Aug 19, 2014

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

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...

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