Office of Workers' Compensation Programs (OWCP)
Division of Longshore and Harbor Workers' Compensation (DLHWC)
CHAPTER 3-201 AVERAGE WEEKLY WAGE
In Tangorra v. National Steel, 6 BRBS 427 (1977), the Board concluded that the first step in determining the employee's correct average weekly wage was the calculation of the average daily wage. This is done by dividing the number of days actually worked into the total earnings for the 12 months immediately preceding the injury (for example $11,270 (total earnings) divided by 245 (total days worked) = $46.00 average daily wage). The resulting figure is then multiplied by 260 (if the employee was a "5 day worker") and divided by 52 weeks to obtain the correct average weekly wage ($46 x 260 / 52 = $230.00 P/W). If the employee was a "6 day worker" the $46 would be multiplied by 300 instead of 260 and then divided by 52 weeks.
See Matulic v. Director, OWCP, 32 BRBS 148(CRT)(9th Cir. 1998) for an application of section 10 to an unusual set of facts.
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