Use Of 200 Multiple For Part-Time/Intermittent Workers Often Results In Windfall To Claimants

One of the most contentious parts of a claim can be setting the average weekly wage (AWW), as it determines a claimant’s benefit rate for the life of the claim, including entitlement to reduced earnings. Certainly, at times, the method chosen by the Board for setting an AWW can arguably result in an “artificial inflation” of a claimant’s wages. This is particularly true with part-time or sporadic employees, who oftentimes
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Average Weekly Wage Calculation

Average weekly wage (AWW) can be a significant factor in determining a carrier’s exposure in a workers’ compensation case in New York because it is the basis for indemnity benefits calculation for the duration of the case.  The compensation rate on a case is two-thirds of the AWW, subject to a statutory cap. There are several methods for calculating AWW in New York.  New York Workers’ Compensation Law (WCL) §
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