Average Weekly Wage Includes Value of Housing. A South Carolina appellate court ruled that an injured worker's average weekly wage included the fair rental value of a residence provided free of charge to him by his parents, who were dominant shareholders in the company that employed the worker. Evidence indicated that the worker moved from Minnesota to South Carolina in exchange for $30,000 per year, a tank of gas per week, and use of a home owned by his parents as a free living arrangement. See Larson's Workers Compensation Law, [See Bazen v. Badger R. Bazen Company, 2010 S.C. App. LEXIS 73; Ch. 93.
In Graves v. Workers Comp. Appeal Bd. (Phila. Hous. Auth.), 983 A.2d 241 (Pa. Commw. Ct. 2009), the court found substantial evidence supported findings that a police officer did not sustain a compensable injury while in the course and scope of his employment. The officers own testimony was that he was off-duty, had gone to the tavern where a private party was taking place, and he was shot following an altercation that took place both inside and outside the bar.See Larson's Workers Compensation Law Ch. 8.[1][a] n2 (Digest)] (WCxKit)
Injuries Sustained While Retrieving Pay Found Compensable. In Phelps v. Dispatch Printing Co., 2010 Ohio 2423, 2010 Ohio App. LEXIS 1987 (June 1, 2010), the court affirmed an award of benefits where an employer had a policy that allowed an employee to receive his or her pay in person and the employee, a journeyman/pressman, was on the employer's premises retrieving his check when he fell and sustained injuries. See Larson's Workers Compensation Law Ch. 26
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In La-Z-Boy Furniture Galleries v. Thomas, 2010 Ohio LEXIS 1673 (July 13, 2010), the Supreme Court of Ohio recently held, in a case of first impression, determining a loss-of-vision award, a claimant's uncorrected post-injury vision may be compared to his corrected vision prior to the accidental injury. It found unpersuasive the employer's argument that fairness dictated uncorrected vision should be judged both before and after the injury. Larson's Workers Compensation Law Ch. 86.
Copyright 2011 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers Compensation Law and has been reprinted with permission.
WC IQ TEST: http://www.workerscompkit.com/intro/
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
SUBSCRIBE: Workers Comp Resource Center Newsletter
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact [email protected]
