Stressing that for some newly-hired employees, the actual earnings before the injury may not accurately represent what the employee normally would earn from the employer, a Maryland appellate court held that where a newly hired worker’s actual hours worked were shortened by inclement weather in the period before his injury, it was not unreasonable for the Commission to determine his average weekly wage by multiplying his hourly rate by 40 hours. The court agreed that process would result in the better approximation of what the employee normally would earn from the employer under the contract that was in existence at the time of the injury.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Richard Beavers Constr., Inc. v. Wagstaff, 2018 Md. App. LEXIS 207 (Mar. 1, 2018)
See generally Larson’s Workers’ Compensation Law, § 93.01
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law