March 2018 Archives

One of the more contentious arguments held at workers' compensation hearings involves the calculation and establishment of a claimant's average weekly wage (AWW). Establishing a high AWW will result in increased weekly indemnity benefits. On the other hand, setting the AWW at a lower rate will decrease indemnity exposure. What is clear is that a claimant's AWW is governed by Section 14 of the N.Y. Workers' Compensation Law. However, what is not always clear is how to properly calculate the AWW of a seasonal worker.