LexisNexis Workers' Comp Free eNewsletter: Average Weekly Wage & Concurrent Employment

Vol 2, Issue 34

Find Solutions & Strategies August 22, 2011

Average Weekly Wage Calculation: Whose Ox Is Being Gored?

Workers who cobble together multiple employments to make ends meet

In This Issue

-AWW & CONCURRENT EMPLOYMENT

-LARSON'S eBOOK

-LARSON'S SPOTLIGHT: 5 RECENT CASES: Employment Status, Fraud, Statute of Limitations, Borrowed Servant, Jurisdiction

-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, MO case

-NATIONAL NEWS

-STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From The Editor

Dear WC Professionals:

Thanks to Thomas A. Robinson for bringing to our attention the inequity of average weekly wages for concurrent employment in some states.

Sincerely,
Robin E. Kobayashi, JD

LexisNexis Editorial Content & Product Development

robin.e.kobayashi@lexisnexis.com

Free eNewsletter

To receive this free eNewsletter, send your full name and email address with your request for the national edition to:

robin.e.kobayashi@lexisnexis.com

aww & concurrent employment

Injured Workers Beware: Hidden Danger in Concurrent Employment in States That Refuse to Combine Concurrent Wages in Computing Average Weekly Wage, by Thomas A. Robinson

A close friend of our youngest child (age-25) recently repeated a quip that I first heard years ago, during the "stagflation" of the late 1970s. Our son's friend, who holds a degree from a respected North Carolina university, but who has not been able to land a permanent position with any employer, said he couldn't understand how the unemployment rate could be above 9 percent. "There are lots of jobs around," the young man said. "I've got three of them."

Indeed, Kevin (not his real name) works some 25 hours per week in a retail store at a nearby mall, another 15 or so on weekends as a "bouncer" at a local night spot, and finally, as his schedule permits, he fills in occasionally with a local lawn maintenance firm when it needs some extra laborers. For calendar year 2011, he'll earn approximately $20,000. Would it surprise you that in many states - the situation in North Carolina isn't clear - Kevin's average weekly wage ("AWW"), for purposes of computing workers' compensation permanent disability indemnity, could be substantially less than $384.62 ($20,000 ÷ 52)? Read more.

who says you can't take it with you?

Ebook Ereader Device Introducing the Larson's Workers' Compensation, Desk Edition eBook from LexisNexis®. It's portable, dependable, and simple to use on your computer with e-reader software like Adobe® Digital Edition, or on dedicated e-reader devices, such as Apple® iPad®, Sony® Reader, and Amazon® Kindle™.

Attorneys, courts, employers, insurance professionals, government entities, policymakers, and others involved with workers' compensation issues depend on Larson's authoritative and incisive coverage on the exclusive remedy defense, employment status, medical and death benefits, psychological injuries, third-party claims, and more.

With Larson's you'll also get a bird's eye view of the various jurisdictions and their interpretations of complex workers' compensation issues. Now, this same trusted content is ready whenever you need it and wherever you are, 24/7.

WORKERS' COMPENSATION CENTENNIAL DISCOUNT: SAVE 20 PERCENT ON THIS eBOOK.

Larson's spotlight: 5 recent cases you should know about

5 spotlight Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.

> Read the summaries & court decisions.

1. NC: "Cable Guy" is Employee, Not Independent Contractor

2. TN: No Retaliatory Discharge Where Employee Drawing Total Disability Benefits Was Videotaped Building a Barn

3. DE: Suspicions That Pain Might Be Associated With Employment, Without More, Does Not Start "the Ticking" of the Limitations Clock

4. SC: Nurse Anesthetist Provided to Medical Center by Staffing Company Was Not Employee, No Recovery Following Injury in Operating Room

5. MN: Workers' Compensation Court of Appeals Did Not Have Jurisdiction to Decide Insurance Question Related to Policy Procured for Coverage in Another State

blogS at the lexisnexis workers' comp law community