Paid Vacation Weeks Should Be Included in Total Gross Wages and Number of Weeks Worked When Calculating Average Weekly Wages

Generally, the average weekly wages (AWW) equals total gross wages from the 52 weeks prior to the injury, divided by the number of calendar weeks the claimant was employed during that 52-week time period. C.G.S. §31-310. When making the calculation, we do not include absences of seven or more consecutive calendar days or partial weeks worked either at the beginning of employment or on the week of injury. Id. However,
Continue reading...

Co-Employee Liability under Missouri Law

The 2012 amendments to the Workers’ Compensation Law sought to bring clarity to the scope of co-employee liability for work injuries. The exclusivity provision of the law now provides: “…every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged
Continue reading...

Appellate Division Provides Clarity: Medical Expenses are Recoverable by Workers’ Compensation Carriers under Section 40

The Appellate Division issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the Workers’ Compensation Act, N.J.S.A. 34:15-40. The decision, Lambert v. Travelers Indemnity Co. of America, No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016), offers welcome clarity concerning reimbursement of
Continue reading...