MT Court Takes Common Sense Path in Concurrent Employment Injury Claim

No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work

A Florida appellate court affirmed the denial of death benefits to a mother whose 16-year-old son was killed in a tragic drowning accident on the first day of his part-time...

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW

Quoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...

MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim

In a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...

Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” Employee

With a tip of the hat to those of you who reported to the office today — according to a recent research article by Joyce Maroney, Executive Director of the...

NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury

Where a claimant worked six days a week from February 13, 2017 until May 14, 2017, when he sustained work-related injuries, earning $12,130.76 for the thirteen-week period, it was error...

Nebraska Small Business Owner Entitled to $49 Weekly Benefit in Spite of Profits of $200,000 Per Year

Stressing that net profits from the operation of a principal’s subchapter S corporation are not the equivalent of wages earned, the Supreme Court of Nebraska affirmed a determination by the...

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW

In a case of first impression, the Supreme Court of Rhode Island held that “benefits” received under the state’s “work-sharing” program [see R.I. Gen. Laws § 28-44-69] are not to...

Virginia Court Affirms Professional Football Tryout’s AWW of $783.63

Potential $435K Annual Compensation Under Standard Contract Deemed Too Contingent The Court of Appeals of Virginia recently affirmed a determination by the state’s Workers’ Compensation Commission that fixed a professional...

Unemployed Volunteer Firefighter Denied TD Benefits

In what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as...

Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation

In Haller v. Champlain College, 2017 VT 86, 2017 Vt. LEXIS 107 (Sept. 29, 2017), a divided Supreme Court of Vermont affirmed a determination by the Commissioner of the state’s Department...

Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI

Where an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent”...