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Calculating Average Weekly Wages. RISE to the challenge of determining which method to use: . R egular workweek and consistent earnings, or salary I rregular workweek, or employed less than 200 workdays S easonal employment E verybody else. Section 102(4)(A).

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rise to the challenge of determining which method to use
RISE to the challenge of determining which method to use:
  • Regular workweek and consistent earnings, or salary
  • Irregular workweek, or employed less than 200 workdays
  • Seasonal employment
  • Everybody else
section 102 4 a
Section 102(4)(A)
  • Regular workweek with consistent earnings, or paid a salary

AND

  • Must have worked at least 200 full working days
section 102 4 a4
Section 102(4)(A)

AWW = weekly pay at time of injury

section 102 4 b
Irregular workweek with inconsistent earnings

OR

Regular workweek and consistent earnings, but less than 200 full working days

Section 102(4)(B)
section 102 4 b6
Section 102(4)(B)

AWW = gross earnings divided by weeks worked

  • Do not include earnings from week-of-injury if they reduce the AWW
  • Do not include earnings from week-of-hire if they reduce the AWW
section 102 4 c
Section 102(4)(C)

Employment affected by Seasons

  • Winter
  • Spring
  • Summer
  • Fall
section 102 4 c8
Section 102(4)(C)
  • All agricultural employees
  • All loggers and log haulers
  • All others who ordinarily work (seasonally) no more than 26 weeks per year
section 102 4 c9
Section 102(4)(C)

AWW = gross earnings for prior calendar year divided by 52 weeks

  • Include earnings from all employment
  • Do not use if employee was not “seasonal” in prior calendar year
section 102 4 d
Section 102(4)(D)
  • Applies to Everybody else whose AWW can’t be calculated with Paragraphs (A), (B) or (C)
  • Commonly referred to as the “fallback provision”
section 102 4 d11
Section 102(4)(D)

AWW = ? (you decide)

  • Consider employee’s past wages
  • Consider wages of at least 2 comparable employees
  • Use your own judgment to calculate the AWW
rise to the challenge of determining which method to use12
RISE to the challenge of determining which method to use:
  • Regular workweek and consistent earnings, or salary
  • Irregular workweek, or employed less than 200 workdays
  • Seasonal employment
  • Everybody else
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