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Home / Courts / Workers’ Compensation – Average Weekly Wage – Termination of Benefits – Overpayment – Permanent Partial Disability – Credit (access required)

Workers’ Compensation – Average Weekly Wage – Termination of Benefits – Overpayment – Permanent Partial Disability – Credit (access required)

Thomas v. Richmond Yarns, Inc. Plaintiff had not worked for defendant for a full 52 weeks before his compensable injury. Defendant has gone out of business, and the records of a “similar” employee cannot be obtained. However, plaintiff’s actual wages are reflected in the Form 22 wage chart. Plaintiff’s average weekly wage is thus calculated by dividing his gross earnings provided on the Form 22 wage chart by the number of weeks and parts thereof during which plaintiff earned wages.

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