Workers' Compensation

Recent Posts

Georgia: School Custodian’s AWW Based On Actual Earning, Not Lesser Amount He Received Because of Wage Pro-Ration Over 12-Month Period
Posted on 4 Jul 2019 by Thomas A. Robinson

Where a school custodian worked a school-year schedule of 220 days, but his pay was pro-rated and spread over a full calendar year, in order that he not have pay gaps over the course of the year, his average weekly wage should be computed based upon the... Read More

New York: Work Experience Program Benefits Are “Wages” for Purposes of Computing Average Weekly Wage
Posted on 30 May 2019 by Thomas A. Robinson

Payments made to participants in New York’s work experience program (WEP) are “wages” for purposes of the state’s workers’ compensation law [see N.Y. Workers’ Comp. Law § 2(9)], and should be utilized in computing... Read More

Ohio: Res Judicata Bars Employee’s Attempt to Show Special Circumstances Regarding Wages
Posted on 21 Feb 2019 by Thomas A. Robinson

The Supreme Court of Ohio held that Industrial Commission did not err in finding that a workers' compensation claimant's motion to recalculate his average weekly wage (AWW) was barred by res judicata where the issue of whether special circumstances... Read More

Five Recent Workers’ Comp Cases You Should Know About (12/2/2011) – Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer
Posted on 2 Dec 2011 by Larson's Spotlight

Larson's Spotlight on Assault, Franchisor as Contractor, Average Weekly Wage, Death Benefits, and Insurance Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: The Great Recession Catch 22 for Laid Off Worker With No Average Weekly Wage
Posted on 21 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Average Weekly Wage, Marijuana Presumption, Slip and Fall, and Paid Break. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

The Second Time Around….and a DE Ruling on Average Weekly Wage and Incarceration
Posted on 13 Sep 2012 by Cassandra Roberts

Love is lovelier, the second time around Just as wonderful, with both feet on the ground It's that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young [Lyrics from: http://www.lyricsfreak... Read More

Larson’s Spotlight on Recent Cases: Injured Worker Entitled to Additional TTD Benefits Despite Derogatory Conduct
Posted on 23 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Temporary Total Disability Benefits, Going and Coming Rule, LHWCA Benefits, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

OK: Moonlighting Sheriff’s Office Major Was Employee of Restaurant When He Was Shot and Robbed
Posted on 22 Nov 2013 by Larson's Spotlight

Finding that the “plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language” of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for the payment... Read More

Louisiana Workers’ Compensation Law Changes 2012
Posted on 28 Jun 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the... Read More

As the Temperature Climbs, So Do the Rates: DE Dept. of Labor 2012-2013 Rates Released
Posted on 5 Jul 2012 by Cassandra Roberts

I may be the lone wolf (along with Mike Sensor) here in the office this happy 5th of July, but nothing is gonna get past me and as the rest of you lay on those sweltering beaches, I am up on the skinny at the Department of Labor. Which is basically money... Read More

TN: Regular Layoff Intervals Must Be Included in Computation of AWW
Posted on 1 Nov 2013 by Larson's Spotlight

A Tennessee appellate court recently reversed a trial court’s determination of an injured employee’s average weekly wage, finding that the court erred in failing to include in its computation the time periods during which the employee was... Read More

Kentucky: Waitress was Variable Wage Employee in Spite of Unreported Income Issue
Posted on 24 Feb 2017 by Thomas A. Robinson

The Supreme Court of Kentucky held that while KRS 342.140(6) excludes unreported income from a workers’ average weekly wage calculation, it does not change the nature of the worker’s pay or the method to be used for calculating the AWW based... Read More

CWCI Reports California Workers’ Comp Benefits Will Increase in 2016
Posted on 17 Jun 2015 by California Workers' Compensation Institute

California’s State Average Weekly Wage (SAWW) rose just under 2.3 percent from $1,095.70 to $1,120.67 in the year ending March 31, 2015, which the California Workers’ Compensation Institute (CWCI) notes will boost temporary total disability... Read More

Larson’s Spotlight on Recent Cases: Partially Disabled Claimant With Combined Injuries Should Not Receive More Payments Than a Quadriplegic Claimant
Posted on 11 May 2012 by Larson's Spotlight

Larson's Spotlight on Scheduled Award, Average Weekly Wage, Medical Benefits (Pool Therapy), and Nose Disfigurement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Vermont Workers' Compensation Update: March to June 2011
Posted on 5 Oct 2011 by Keith J. Kasper

DEPARTMENT OF LABOR DECISIONS Carr v. Verizon New England, Inc. , Opinion No. 8-11WC (Apr. 29, 2011). On cross motions for summary judgment Claimant's death claim fails as Claimant fails to show that his trip on a scheduled vacation date was related... Read More