TT&H Attorneys Jamie DeSisto and Mike Bliley Win on Average Weekly Wage Issue
February 17, 2022
TT&H Attorneys Jamie DeSisto and Mike Bliley win on average weekly wage issue, and secure credit for Claimant’s unemployment benefits.
Claimant worked only four weeks for the Employer, and worked highly irregular and inconsistent hours. Therefore, it was difficult to ascertain an average weekly wage, and the relevant statute was ambiguous as to how it would apply to Claimant.
According to Claimant’s calculation, the average weekly wage should have been $720. However, the CRB agreed with Mike and Jamie’s analysis, that the true average weekly wage was $108.84. The CRB also accepted Mike and Jamie’s plea to reverse the ALJ’s finding that Employer was not entitled to a credit for Claimant’s unemployment compensation, and granted Employer a credit.
In tandem, these two victories substantially limited the Carrier’s exposure.
Questions about this case can be directed to Mike Bliley, Esquire at (571) 464-0435 or firstname.lastname@example.org.