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
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
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
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 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
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 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
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
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
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
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
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
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 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
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