We all are aware of the significance in setting a claimant’s average weekly wage. It has both a current effect and future effect. The average weekly wage results in current exposure when a Law Judge awards temporary disability benefits for causally-related lost time. It also forms the foundation of future exposure when parties litigate permanency or analyze the claim for settlement purposes.
Most often, the calculation of average weekly wage is simple mathematics: gross wages divided by fifty-two (52) weeks. Also common is the employee who did not work for a full calendar year prior to the accident, which entitles him or her to seek the average weekly wage of a similar worker. Seasonal employees present a different scenario for the calculation of average weekly wage, and based on a recent Board Panel Decision, all parties still require some clarity on the issue. Continue reading Calculating Average Weekly Wage for Seasonal Employees in New York